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The Nature Of The Judicial Process
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Book Synopsis The Nature of the Judicial Process by : Benjamin Nathan Cardozo
Download or read book The Nature of the Judicial Process written by Benjamin Nathan Cardozo and published by . This book was released on 1921 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.
Book Synopsis The Nature of the Judicial Process by : Benjamin N. Cardozo
Download or read book The Nature of the Judicial Process written by Benjamin N. Cardozo and published by Courier Corporation. This book was released on 2012-08-28 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this legal classic, a former Associate Supreme Court Justice explains the conscious and unconscious processes by which a judge decides a case and the ways rulings are guided and shaped.
Book Synopsis The Nature of the Judicial Process by : Benjamin N. Cardozo
Download or read book The Nature of the Judicial Process written by Benjamin N. Cardozo and published by Cosimo, Inc.. This book was released on 2009-01-01 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This replica edition of a rare 1921 work gathers in one volume four lectures given by American lawyer and jurist BENJAMIN NATHAN CARDOZO (1870-1938), renowned for his contributions to American common law from his benches on the New York Court of Appeals and the United States Supreme Court. Here, Cardozo addresses one of the greatest challenges for the law: dealing with gray areas and middle grounds. These lectures cover his solutions for the conundrums presented by: [ "The Method of Philosophy" [ "The Methods of History, Tradition and Sociology" [ "The Method of Sociology, and the Judge as a Legislator" [ "Adherence to Precedent, and the Subconscious Element in the Judicial Process"
Book Synopsis The Nature of the Judicial Process by : Benjamin Nathan Cardozo
Download or read book The Nature of the Judicial Process written by Benjamin Nathan Cardozo and published by . This book was released on 1939 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Nature of the Judicial Process by : Benjamin Cardozo
Download or read book The Nature of the Judicial Process written by Benjamin Cardozo and published by . This book was released on 2010-11-01 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: This legendary book by Justice Benjamin N. Cardozo explains, in detail and with his famous style, how judges make decisions. Asked "What is it that I do when I decide a case? To what sources of information do I appeal for guidance?," Cardozo answered in timeless prose. This book is still read today by lawyers and judges, law students and scholars, historians and political scientists, and philosophers--anyone interested in how judges really think and the many decisional tools they employ. Already famous at the time for his trenchant and fluid opinions as a Justice on New York's highest court (he is still studied on questions of torts, contracts, and business law), and later a Justice of the U.S. Supreme Court, Cardozo filled the lecture hall at Yale when he finally answered the frank query into what judges do and how do they do it. The lectures became a landmark book and a source for all other studies of the ways of a judge.
Book Synopsis The Nature of the Judicial Process by : Benjamin N. Cardozo
Download or read book The Nature of the Judicial Process written by Benjamin N. Cardozo and published by Quid Pro Books. This book was released on 2010-08-02 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern compilation and Foreword by Harvard law professor Andrew L. Kaufman, for a new generation to understand Justice Benjamin Cardozo's important and historic analysis of the way judges think and decide cases. Cardozo's frank discussion of the influences on judges, and Kaufman's expert take on Cardozo and his work, combine for an interesting study of judicial decision-making, still useful today.
Book Synopsis Nature of the Judicial Process by : B. N. Cardozo
Download or read book Nature of the Judicial Process written by B. N. Cardozo and published by . This book was released on 1957 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Nature of the Judicial Process by : Benjamin Nathan Cardozo
Download or read book The Nature of the Judicial Process written by Benjamin Nathan Cardozo and published by Theclassics.Us. This book was released on 2013-09 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ... Lecture IV. Adherence to Precedent. The Subconscious Element in the Judicial Process. Conclusion. THE system of law-making by judicial decisions which supply the rule for transactions closed before the decision was announced would indeed be intolerable in its hardship and oppression if natural law, in the sense in which I have used the term, did not supply the main rule of judgment to the judge when precedent and custom fail or are displaced. Acquiescence in such a method has its basis in the belief that when the law has left the situation uncovered by any pre-existing rule, there is nothing to do except to have some impartial arbiter declare what fair and reasonable men, mindful of the habits of life of the community, and of the standards of justice and fair dealing prevalent among them, ought in such circumstances to do, with no rules except those of custom and conscience to regulate their conduct. The feeling is that nine times out of ten, if not oftener, the conduct of right-minded men would not have been different if the rule embodied in the decision had been announced by statute in advance. In the small minority of cases, where ignorance has counted, it is as likely to have affected one side as the other; and since a controversy has arisen and must be determined somehow, there is nothing to do, in default of a rule already made, but to constitute some authority which will make it after the event. Some one must be the loser; it is part of the game of life; we have to pay in countless ways for the absence of prophetic vision. No doubt the ideal system, if it were attainable, would be a code at once so flexible and so minute, as to supply in advance for every conceivable situation the just and fitting rule. But life is too complex to...
Book Synopsis The Nature of the Judicial Process (1921) by : Benjamin N Cardozo
Download or read book The Nature of the Judicial Process (1921) written by Benjamin N Cardozo and published by Literary Licensing, LLC. This book was released on 2014-08-07 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Is A New Release Of The Original 1921 Edition.
Book Synopsis Judicial Process in America by : Robert A. Carp
Download or read book Judicial Process in America written by Robert A. Carp and published by CQ Press. This book was released on 2015-12-30 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: Known for shedding light on the link among the courts, public policy, and the political environment, Judicial Process in America provides a comprehensive overview of the American judiciary. In this Tenth Edition, authors Robert A. Carp, Ronald Stidham, Kenneth L. Manning, and Lisa M. Holmes examine the recent Supreme Court rulings on same-sex marriage and health care subsidies, the effect of three women justices on the Court’s patterns of decision, and the policy-making role of state tribunals. Original data on the decision-making behavior of the Obama trial judges—which are unavailable anywhere else—ensure this text’s position as a standard bearer in the field.
Book Synopsis The Judicial Process by : Christopher P. Banks
Download or read book The Judicial Process written by Christopher P. Banks and published by CQ Press. This book was released on 2015-02-19 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judicial Process: Law, Courts, and Judicial Politics is an all-new, concise yet comprehensive core text that introduces students to the nature and significance of the judicial process in the United States and across the globe. It is social scientific in its approach, situating the role of the courts and their impact on public policy within a strong foundation in legal theory, or political jurisprudence, as well as legal scholarship. Authors Christopher P. Banks and David M. O’Brien do not shy away from the politics of the judicial process, and offer unique insight into cutting-edge and highly relevant issues. In its distinctive boxes, “Contemporary Controversies over Courts” and “In Comparative Perspective,” the text examines topics such as the dispute pyramid, the law and morality of same-sex marriages, the “hardball politics” of judicial selection, plea bargaining trends, the right to counsel and “pay as you go” justice, judicial decisions limiting the availability of class actions, constitutional courts in Europe, the judicial role in creating major social change, and the role lawyers, juries and alternative dispute resolution techniques play in the U.S. and throughout the world. Photos, cartoons, charts, and graphs are used throughout the text to facilitate student learning and highlight key aspects of the judicial process.
Book Synopsis The Nature of the Judical Process by : Benjamin N. Cardozo
Download or read book The Nature of the Judical Process written by Benjamin N. Cardozo and published by Book Jungle. This book was released on 2009-11 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This replica edition of a rare 1921 work gathers in one volume four lectures given by American lawyer and jurist BENJAMIN NATHAN CARDOZO (1870-1938), renowned for his contributions to American common law from his benches on the New York Court of Appeals and the United States Supreme Court. Here, Cardozo addresses one of the greatest challenges for the law: dealing with gray areas and middle grounds. These lectures cover his solutions for the conundrums presented by: "The Method of Philosophy" "The Methods of History, Tradition and Sociology" "The Method of Sociology, and the Judge as a Legislator" "Adherence to Precedent, and the Subconscious Element in the Judicial Process"
Book Synopsis Justice Accused by : Robert M. Cover
Download or read book Justice Accused written by Robert M. Cover and published by Yale University Press. This book was released on 1975-01-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: What should a judge do when he must hand down a ruling based on a law that he considers unjust or oppressive? This question is examined through a series of problems concerning unjust law that arose with respect to slavery in nineteenth-century America. "Cover's book is splendid in many ways. His legal history and legal philosophy are both first class. . . . This is, for a change, an interdisciplinary work that is a credit to both disciplines."--Ronald Dworkin, Times Literary Supplement "Scholars should be grateful to Cover for his often brilliant illumination of tensions created in judges by changing eighteenth- and nineteenth-century jurisprudential attitudes and legal standards. . . An exciting adventure in interdisciplinary history."--Harold M. Hyman, American Historical Review "A most articulate, sophisticated, and learned defense of legal formalism. . . Deserves and needs to be widely read."--Don Roper, Journal of American History "An excellent illustration of the way in which a burning moral issue relates to the American judicial process. The book thus has both historical value and a very immediate importance."--Edwards A. Stettner, Annals of the American Academy of Political and Social Science "A really fine book, an important contribution to law and to history."--Louis H. Pollak
Book Synopsis Language in the Judicial Process by : Judith N. Levi
Download or read book Language in the Judicial Process written by Judith N. Levi and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal realism is a powerful jurisprudential tradition which urges attention to sodal conditions and predicts their influence in the legal process. The rela tively recent "sodal sdence in the law" phenomenon, in which sodal research is increasingly relied on to dedde court cases is a direct result of realistic jurisprudence, which accords much significance in law to empirical reports about sodal behavior. The empirical research used by courts has not, how ever, commonly dealt with language as an influential variable. This volume of essays, coedited by Judith N. Levi and Anne Graffam Walker, will likely change that situation. Language in the Judicial Process is a superb collection of original work which fits weIl into the realist tradition, and by focusing on language as a key variable, it establishes a new and provocative perspective on the legal process. The perspective it offers, and the data it presents, make this volume a valuable source of information both for judges and lawyers, who may be chiefly concemed with practice, and for legal scholars and sodal sdentists who do basic research about law.
Book Synopsis The Nature of the Judicial Process by : Benjamin Nathan Cardozo
Download or read book The Nature of the Judicial Process written by Benjamin Nathan Cardozo and published by . This book was released on 1921 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis American Judicial Politics by : Harry P. Stumpf
Download or read book American Judicial Politics written by Harry P. Stumpf and published by . This book was released on 1998 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Targeted to students and teachers who have a background in the basics of American government and constitutional law and who are ready to seriously address the roles of the judicial establishment, how the judiciary is structured, how judicial processes are played out, and the extent and nature of jud
Book Synopsis The Spirit of the Common Law by : Roscoe Pound
Download or read book The Spirit of the Common Law written by Roscoe Pound and published by Legare Street Press. This book was released on 2022-10-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
