The Nature of the Judical Process by Benjamin N Cardozo

The Nature of the Judical Process by Benjamin N Cardozo

In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations

Benjamin Nathan Cardozo was a well-known American lawyer and associate Supreme Court Justice who lived from 1870 to 1938. Cardozo is known for his modesty, philosophy, and vibrant written style, as well as his considerable influence on the evolution of American common law in the twentieth century. Cardozo only served on the Supreme Court for six years, from 1932 to 1938, and the majority of his historic rulings came during his eighteen-year stint on the New York Court of Appeals, the state's highest court. Cardozo was nominated to the Supreme Court of the United States by President Herbert Hoover in 1932 to replace Judge Oliver Wendell Holmes. The New York Times wrote of Cardozo's appointment, less, if ever, has an appointment been so widely praised in the annals of the Court.

Cardozo's appointment by a Republican president has been referred to as one of the few Supreme Court appointments in history that was made solely on the basis of the nominee's contribution to law, rather than party or politics. Yet, Hoover was running for re-election, and would eventually face Franklin Roosevelt in the election, so a bigger political calculation may have been at work. On February 24, Cardozo was confirmed by the Senate in a unanimous voice vote. On the day of Cardozo's confirmation, March 1, 1932, in a radio transmission, Clarence C.

Senator Dill of Washington, a Democrat, considered Hoover's selection of Cardozo the finest deed of his presidency. The entire faculty of the University of Chicago Law School, as well as the deans of Harvard, Yale, and Columbia law schools, had pushed Hoover to nominate him. Justice Harlan Fiske Stone pleaded with Hoover to pick Cardozo, even promising to resign to make way for him if Hoover had his heart set on someone else (Stone had previously advised Calvin Coolidge to nominate Cardozo rather than himself in 1925). Hoover, on the other hand, was first hesitant: there were already two New York justices on the court, as well as a Jew; in addition, Justice James McReynolds was a notorious anti-Semite.

When William E. Grassley, the chairman of the Senate Foreign Relations Committee, was elected, Borah of Idaho threw his weight behind Cardozo, but Hoover eventually gave in to the pressure. Cardozo, together with Brandeis and Stone, constituted a member of the Three Musketeers, which was the Supreme Court's liberal faction.

SKU	Unavailable
ISBN 13	9781438528168
ISBN 10	1438528167
Title	The Nature of the Judical Process
Author	Benjamin N Cardozo
Condition	Unavailable
Binding Type	Paperback
Publisher	Book Jungle
Year published	2009-11-04
Number of pages	186
Cover note	Book picture is for illustrative purposes only, actual binding, cover or edition may vary.