The Growth of the Law

E100415

The Growth of the Law is a seminal legal treatise by Benjamin N. Cardozo that explores how judicial decision-making and evolving social needs shape the development of common law.

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The Growth of the Law canonical 2

Statements (45)

Predicate Object
instanceOf book
legal treatise
aimsTo explain how law grows through judicial decisions
reconcile stability of law with need for change
author Justice Benjamin N. Cardozo
surface form: Benjamin N. Cardozo
contributionTo development of American jurisprudence
theory of judicial law-making
understanding of precedent in common law
discusses interaction between legislation and case law
interpretation of precedents
judicial discretion
stare decisis
explores adaptation of legal rules to changing conditions
creative function of the judge
limits of formal logic in adjudication
relationship between law and society
focusesOn growth of common law through precedent
influence of social needs on law
methods of judicial reasoning
role of judges in law-making
genre jurisprudence
legal theory
hasImpactOn debates about judicial activism
legal education in the United States
understanding of the common law method
hasPart lectures on judicial process
hasPerspective pragmatic approach to legal interpretation
realist approach to judging
hasTheoreticalFramework balancing of competing social interests
evolutionary view of law
influencedBy legal realism
surface form: American legal realism

common law tradition
language English
mainSubject common law
evolution of law
judicial decision-making
legal development
notableFor analysis of how social needs shape legal rules
emphasis on growth and change in law
influence on 20th-century legal thought
relatedWork The Nature of the Judicial Process
targetAudience judges
lawyers
legal scholars
students of jurisprudence

Referenced by (2)

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

Justice Benjamin N. Cardozo notableWork The Growth of the Law
subject surface form: Benjamin N. Cardozo
Cardozo notableWork The Growth of the Law
subject surface form: Benjamin N. Cardozo