The Nature of the Judicial Process
- ISBN
- 9788194625766
- Publisher
- M. P. P. House
- Published
- 2021
- Language
- English
- Pages
- 180
- Genre
- Law
- Location
- Open Shelf
About the book
"The Nature of the Judicial Process" by Benjamin N. Cardozo is a foundational legal work based on a series of lectures that explores how judges actually decide cases when the law is unclear. Cardozo explains that judges rely on logic, legal history, tradition, and broader social values when interpreting statutes and precedent. He explicitly outlines four judicial methods: the Method of Philosophy; the Method of History, Tradition, and Sociology; the Method of Sociology (the Judge as Legislator); and Adherence to Precedent. Ultimately, Cardozo demonstrates that judging is an active, balanced process aimed at adapting legal principles to serve justice and meet the evolving needs of modern society.