The Nature of the Judicial Process
| Author | : | |
| Rating | : | 4.60 (763 Votes) |
| Asin | : | 1610279824 |
| Format Type | : | paperback |
| Number of Pages | : | 158 Pages |
| Publish Date | : | 2015-02-25 |
| Language | : | English |
DESCRIPTION:
Kaufman is Charles Stebbins Fairchild Professor of Law, Harvard Law School. . About the Author Andrew L
Includes embedded page numbers from the original 1921 edition for continuity of citations and syllabi. It continues to be read today by lawyers and judges, law students and scholars, historians and political scientists, and philosophers - among others interested in how judges really think and the tools they employ. Asked the basic questions, "What is it that I do when I decide a case? To what sources of information do I appeal for guidance?," Cardozo answered them in his methodical, rich, and timeless prose, explaining the proper use of such decisional tools as logic and analogy to precedent; analysis of history and tradition; application of public policy, community mores, and sociology; and even the subconscious forces that drive judges' decisions. It has a lofty sound; it is well and finely said; but it can never be more than partly true." Beyond precedential cases and tradition, judges make choices, using methods of analysis and biases that ought to be examined. Judges don't just discover the law, they create it. "The great tides and currents which engulf the rest of men, do not turn aside in their course, and pass the judges by. Kaufman, senior professor at Harvard Law School and author of "Cardozo" (Harvard Univ. We like to figure to ourselves the processes of justice as coldly objective and impersonal. Features a new, explanatory Foreword by Justice Cardozo's premier biographer, Andrew L. Famous at the time for his trenchant and fluid
"Another must read!" according to Jay. The law touches all, private citizens,lawyers and judges alike. I, a private citizen, study law as a defensive tool. Make the study of law a hobby because unlike most hobbies that may never bring one wealth, the hobby of studying law is guaranteed to "payoff" sooner or later!. "Essential reading for those interested in the judicial process from" according to Rollin A. Van Broekhoven. Essential reading for those interested in the judicial process from a jurisprudential perspective and how judges think and act in the performance of their judicial duties. Although written almost 90 years ago, this is a classic that has stood the test of time.. Magnum opus on judging Immortal, divining, cerebral.
Andrew L. . Kaufman is Charles Stebbins Fairchild Professor of Law, Harvard Law School