The Nature of the Judicial Process

E100414

The Nature of the Judicial Process is a classic 1921 legal treatise in which Justice Benjamin N. Cardozo analyzes how judges actually decide cases, exploring the interplay of precedent, logic, and social policy in judicial decision-making.

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The Nature of the Judicial Process canonical 4

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Predicate Object
instanceOf book
legal treatise
analyzes interplay of precedent, logic, and social policy
author Justice Benjamin N. Cardozo
surface form: Benjamin N. Cardozo
basedOn lectures delivered at Yale Law School
centralTheme relationship between law and social needs
tension between certainty and flexibility in law
countryOfOrigin United States of America
surface form: United States
discusses creative role of judges in lawmaking
doctrine of stare decisis
gap-filling in the law
limits of formal logic in adjudication
role of social interests in law
explores ethical dimensions of judging
role of custom and tradition in law
sources of law
focusesOn how judges decide cases
genre non-fiction
hasFormat digital edition
print
hasInfluenceOn judicial education in the United States
scholarship on judging and courts
hasLegacy frequently cited in discussions of judicial philosophy
hasReputation classic work of American jurisprudence
influenced legal realism
surface form: American legal realism
language English
lectureSeries Storrs Lectures
legalSystem common law system
notableFor influence on 20th-century legal thought
systematic account of judicial method
publicationYear 1921
publisher Yale University Press
subject common law
judicial decision-making
judicial reasoning
jurisprudence
legal philosophy
precedent
role of judges
targetAudience judges
lawyers
legal scholars
timePeriodDiscussed early 20th century American law
writtenByOccupationOfAuthor Associate Justice of the New York Court of Appeals

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Referenced by (4)

Full triples — surface form annotated when it differs from this entity's canonical label.

Justice Benjamin N. Cardozo notableWork The Nature of the Judicial Process
subject surface form: Benjamin N. Cardozo
The Growth of the Law relatedWork The Nature of the Judicial Process
The Paradoxes of Legal Science relatedWork The Nature of the Judicial Process
Cardozo notableWork The Nature of the Judicial Process
subject surface form: Benjamin N. Cardozo