Our shops are open and we are processing online, telephone and email orders as normal

CARDOZO, Benjamin.

The Nature of the Judicial Process.

New Haven: Yale University Press, 1921 Stock Code: 146085
£750.00
Reserve Ask us a question

First edition, first printing, a major and influential work of American jurisprudence by the future Supreme Court justice, based on lectures delivered at Yale in 1921.

"'What is it that I do when I decide a case?' Cardozo asked in The Nature of the Judicial Process. His answer made it clear that he accepted the view, controversial at the time, that judges did not 'find' a preexisting law, but rather 'made' the law. At the same time, Cardozo argued, judges were not free to make law as they pleased or 'travel beyond the walls of the interstices, the bounds set to judicial innovation by precedent and custom'. Judges must draw their inspiration from 'consecrated principles', he asserted, and not yield to a 'vague and unregulated benevolence'" (ANB).

"Cardozo presented a strikingly modern interpretation of judicial decision making that radically subverted the conventional understanding. Yet his presentation was so adroit, balanced, and elegantly fashioned that potential critics were generally disarmed" (Polenberg, p. 86).

Cardozo's principles, a basis for what is now referred to as judicial activism, were applied when he served on the Supreme Court in the 1930s, part of the smaller liberal bloc supporting President Roosevelt's New Deal legislation, against conservative claims that they were unconstitutional.

Confused? Read our glossary

Description

Octavo. Original green cloth, spine lettered in gilt.

Condition

Hinges and spine extremities expertly restored. Newspaper clippings pasted to endpapers and terminal page, note of Cardozo's death to front pastedown. A couple of instances of toning from inserted clippings, else contents clean. A good copy.

Bibliography

Richard Polenberg, The World of Benjamin Cardozo, 1997.

DELIVERY

With the exception of framed items*, Peter Harrington offers free delivery on all UK orders of rare books, maps and prints placed through this website. Delivery to USA and the rest of the world is similarly free for orders over £200.

View Full Delivery Details

 

ABOUT US

Established in 1969, Peter Harrington is one of the leading rare book firms in the world. It is a proud member of the Antiquarian Booksellers Association – along with ILAB, the PBFA and Lapada – and from shops in Mayfair and Chelsea, London, sells rare books, prints and ephemera to customers across the world.

Email: mail@peterharrington.co.uk

Tel: +44 (0)20 7591 0220


ABA Antiquarian Bookseller Association ILAB International League of Antiquarian Booksellers LAPADA The Association of Art and Anatique Dealers PBFA Provincial Booksellers Fairs Association

Our Guarantee Page

Ask us a question

DO YOU HAVE A BOOK TO SELL?
OR
CAN’T FIND THE BOOK YOU’RE LOOKING FOR?

Contact us with details of the book you are interested in or selling and we will contact you

Sell Old Books Help me find a book