The Nature Of The Judicial Process

Author: Benjamin Nathan Cardozo
Publisher: Yale University Press
ISBN:
Size: 41.17 MB
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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.

The Nature Of The Judicial Process

Author: Benjamin N. Cardozo
Publisher: Courier Corporation
ISBN: 048616554X
Size: 70.55 MB
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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.

The Nature Of The Judicial Process

Author: Benjamin N. Cardozo
Publisher: Cosimo, Inc.
ISBN: 1605203572
Size: 26.83 MB
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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"

The Nature Of The Judicial Process

Author: Benjamin N. Cardozo
Publisher: Quid Pro Books
ISBN: 1610270207
Size: 34.18 MB
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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.

The Judicial Process

Author: Christopher P. Banks
Publisher: CQ Press
ISBN: 1483386287
Size: 31.43 MB
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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.

The Separation Of Powers And Legislative Interference In Judicial Process

Author: Peter Gerangelos
Publisher: Bloomsbury Publishing
ISBN: 1847315003
Size: 18.18 MB
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This book examines the constitutional principles governing the relationship between legislatures and courts at that critical crossroads of their power where legislatures may seek to intervene in the judicial process, or to interfere with judicial functions, to secure outcomes consistent with their policy objectives or interests. Cases of high political moment are usually involved, where the temptation, indeed political imperative, for legislatures to intervene can be overwhelming. Although the methods of intervention are various, ranging from the direct and egregious to the subtle and imperceptible, unbridled legislative power in this regard has been a continuing concern in all common law jurisdictions. Prominent examples include direct legislative interference in pending cases, usurpation of judicial power by legislatures, limitations on the jurisdiction of courts, strategic amendments to law applicable to cases pending appeal, and attempts directly to overturn court decisions in particular cases. Because the doctrine of the separation of powers, as an entrenched constitutional rule, is a major source of principle, the book will examine in detail the jurisprudence of the United States and Australia in particular. These jurisdictions have identical constitutional provisions entrenching that doctrine as well as the most developed jurisprudence on this point. The legal position in the United Kingdom, which does not have an entrenched separation of powers doctrine, will be examined as a counterpoint. Other relevant jurisdictions (such as Canada, Ireland and India) are also examined in the context of particular principles, particularly when their respective jurisprudence is rather more developed on discrete points. The book examines how the relevant constitutional principles strive to maintain the primacy of the law-making role of the legislature in a representative democracy and yet afford the decisional independence of the judiciary that degree of protection essential to protect it from the legislature's 'impetuous vortex', to borrow the words of James Madison from The Federalist (No 48).

The Nature Of The Judicial Process

Author: Benjamin Nathan Cardozo
Publisher:
ISBN:
Size: 34.69 MB
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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.

The Growth Of The Law

Author: Benjamin N. Cardozo
Publisher: Yale University Press
ISBN: 9780300094824
Size: 33.61 MB
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Classic lectures on philosophy of law by practicing attorney and teacher, later justice of the U.S. Supreme Court. Companion to his "The Nature of the Judicial Process."