The Nature of the Judicial Process - Couverture souple

Cardozo, Benjamin N

Couverture souple

ISBN 10 : 1438519052 ISBN 13 : 9781438519050

Editeur : Book Jungle, 2009

Synopsis

The Nature of the Judicial Process is a clean and concise explanation of the judicial process. "This book reflects the profound intellect of one of the most highly regarded jurists in American history. Despite its age, Justice Cardozo's classic treatise provides insights into the "real" workings of the judicial decision making process that remain relevant to a modern analysis of American jurisprudence. His exploration of the motivations, ideals, and even prejudicies of judges serves to demystify this crucial aspect of the legal system. His insights into "legal realism" provide an appreciation of this judicial approach and offers an understanding of its underlying rationale, as well as an argument for its continued utility for modern jurists. Most importantly, he strives to make the judicial process comprehensible and, even, approachable to the non-practitioner of law, as well as law students, thus attempting to make public law, truly, public." This review can be found in The Nature of the Judicial Process (The Storrs Lectures Series)

A propos du livre

Biographie de l'auteur

Benjamin Nathan Cardozo (1870 –1938) was a well-known American lawyer and associate Supreme Court Justice. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his modesty, philosophy, and vivid prose style. Cardozo served on the Supreme Court only six years, from 1932 until his death in 1938, and the majority of his landmark decisions were delivered during his eighteen year tenure on the New York Court of Appeals, the highest court of that state. In 1932, President Herbert Hoover appointed Cardozo to the Supreme Court of the United States to succeed Justice Oliver Wendell Holmes. The New York Times said of Cardozo's appointment that "seldom, if ever, in the history of the Court has an appointment been so universally commended." Democratic Cardozo's appointment by a Republican president has been referred to as one of the few Supreme Court appointments in history not motivated by partisanship or politics, but strictly based on the nominee's contribution to law. However, Hoover was running for re-election, eventually against Franklin Roosevelt, so a larger political calculation may have been operating. Cardozo was confirmed by a unanimous voice vote in the Senate on February 24. On a radio broadcast on March 1, 1932, the day of Cardozo's confirmation, Clarence C. Dill, Democratic Senator for Washington, called Hoover's appointment of Cardozo "the finest act of his career as President". The entire faculty of the University of Chicago Law School had urged Hoover to nominate him, as did the deans of the law schools at Harvard, Yale, and Columbia. Justice Harlan Fiske Stone strongly urged Hoover to name Cardozo, even offering to resign to make room for him if Hoover had his heart set on someone else (Stone had in fact suggested to Calvin Coolidge that he should nominate Cardozo rather than himself back in 1925). Hoover, however, originally demurred: there were already two justices from New York, and a Jew on the court; in addition, Justice James McReynolds was a notorious anti-Semite. When the chairman of the Senate Foreign Relations Committee, William E. Borah of Idaho, added his strong support for Cardozo, however, Hoover finally bowed to the pressure. Cardozo was a member of the Three Musketeers along with Brandeis and Stone, which was considered to be the liberal faction of the Supreme Court.

Présentation de l'éditeur

JffiSS PRINTED IN THE UNITED STATES 0! AMERICA Fiist Published, December, 1921. Second Printing, June, 1922; Third Printing, October, 1922, Fourth Printing, January, 1925, Fifth Printing, October, 1925. Sixth Printing, March, 1928, Seventh Printing, March, 1931. Eighth Printing, October, 1932. Ninth Printing, September, 1937, Tenth Printing, July, 1939. Eleventh Printing, November, 1941. Twelfth Printing, March, 1945. Thirteenth Printing, June, 1946. All rights reserved.
(Typographical errors above are due to OCR software and don't occur in the book.)

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Détails de l'édition

• Éditeur: Book Jungle
• Date d'édition: 2009
• Langue: anglais
• ISBN 10: 1438519052
• ISBN 13: 9781438519050
• Reliure: Broché
• Nombre de pages: 186
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible