Sign-In
Cart
The Nature of the Judicial Process
Audio Book
Currently unavailable to order
Please enter your email and a message will be sent to you when this product becomes available on our website.
Publisher: Peter Lerman
Published: Nov 25 2025
Language: English
The Nature of the Judicial Process by Benjamin N. Cardozo is one of the most influential works on American jurisprudence. Written while Cardozo was a judge on the New York Court of Appeals (before joining the US Supreme Court), it explores how judges actually decide cases and the philosophy behind judicial decision-making.
Cardozo asks, What is it that I do when I decide a case? He aims to uncover the principles--both conscious and unconscious--that guide judicial reasoning. Cardozo identifies four main sources that influence judicial decisions: Precedent, History and Custom, the sense of Justice or Moral Philosophy, Social Welfare or Utility. He emphasizes that these sources interact and often conflict, requiring judges to balance them rather than follow any single one absolutely.
The Nature of the Judicial Process is widely respected for its clarity, its honesty about how law and judging really work (including tensions, uncertainty, moral influence), and its influence on subsequent legal theory.
Also from
Cardozo, Benjamin N.
The Art of Advocacy & the Law: Eight Classic Speeches on Justice, Legal Education, and Professional Duty
Steuer, Max D.
Holmes, Oliver Wendell, Jr.
Cardozo, Benjamin N.
Paperback
The Paradoxes of Legal Science: Columbia University Lectures. James S. Carpentier Foundation
Cardozo, Benjamin N.
Paperback
The Paradoxes of Legal Science: Columbia University Lectures. James S. Carpentier Foundation
Cardozo, Benjamin N.
Hardcover
Also in
Philosophy
In the Beginning Was the Deed: Realism and Moralism in Political Argument
Williams, Bernard
Paperback
The American Indian Mind in a Linear World: American Indian Studies and Traditional Knowledge
Fixico, Donald Lee
Paperback
Dreaming of Cinema: Spectatorship, Surrealism, and the Age of Digital Media
Lowenstein, Adam
Paperback
Machine Intelligence and the Imaginal Realm: Spiritual Freedom and the Re-Animation of Matter
Lafitte, Luke
Paperback
The Sociogony: Social Facts and the Ontology of Objects, Things, and Monsters
Worrell, Mark P.
Paperback
On Quality: An Inquiry Into Excellence: Unpublished and Selected Writings
Pirsig, Wendy K.
Pirsig, Robert M.
Hardcover
Philosophy in Turbulent Times: Canguilhem, Sartre, Foucault, Althusser, Deleuze, Derrida
Roudinesco, Elisabeth
Paperback
The New Science of Giambattista Vico: Unabridged Translation of the Third Edition (1744) with the Addition of Practic of the New Science
Vico, Giambattista
Paperback
Friendship and Society: An Introduction to Augustine's Practical Philosophy
Burt, Donald X.
Paperback
The Dream of Reason: A History of Philosophy from the Greeks to the Renaissance
Gottlieb, Anthony
Paperback
The Modes of Scepticism: Ancient Texts and Modern Interpretations
Barnes, Jonathan
Julia, Annas
Annas, Julia
Paperback
Essays V2: Moral And Entertaining On The Various Faculties And Passions Of The Human Mind (1815)
Clarendon, Edward Hyde Earl of
Paperback
The Daily Stoic: 366 Meditations on Wisdom, Perseverance, and the Art of Living
Holiday, Ryan
Hanselman, Stephen
Hardcover
The Obstacle Is the Way Expanded 10th Anniversary Edition: The Timeless Art of Turning Trials Into Triumph
Holiday, Ryan
Hardcover
Other Minds: The Octopus, the Sea, and the Deep Origins of Consciousness
Godfrey-Smith, Peter
Paperback
The Boy, the Mole, the Fox and the Horse Fifth Anniversary Limited Edition: The Global Bestseller
Mackesy, Charlie
Hardcover
The Courage to Be Ordinary: Discover Your Surprising Superpower for a Thriving Life
Kishimi, Ichiro
Paperback
The Mattering Instinct: How Our Deepest Longing Drives Us and Divides Us
Goldstein, Rebecca Newberger
Hardcover
Self-Help from the Middle Ages: What the Seven Deadly Sins Can Teach Us about Living
Jones, Peter
Hardcover
My Big TOE Awakening Discovery Inner Workings: The Complete My Big TOE Trilogy Unifying Philosophy, Physics and Metaphysics
Campbell, Thomas
Hardcover
Revolt Against the Modern World: Politics, Religion, and Social Order in the Kali Yuga
Evola, Julius
Hardcover
The Ethical Slut, Third Edition: A Practical Guide to Polyamory, Open Relationships, and Other Freedoms in Sex and Love
Easton, Dossie
Hardy, Janet W.
Paperback
Self-Reliance and Nature: The Complete First and Second Series of Emerson's Essays
Emerson, Ralph Waldo
Hardcover