The Nature of the Judicial Process

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Cosimo, Inc., Jan 1, 2009 - History - 180 pages
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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"
 

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Contents

Introduction The Method of Philosophy
9
The Methods of History Tradition and Sociology
51
The Method of Sociology The Judge as a Legislator
98
Adherence to Precedent The Subconscious Element in the Judicial Process Conclusion
142
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