The Nature of the Judicial Process

In this famous treatise Benjamin N Cardozo, from 1932-1938 Associate Justice of the United States Supreme Court, describes in simple and understandable language 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."It would be exceedingly difficult to state in a more admirable fashion the part which a judge's notion of social utility may properly play in the judicial process, and we find ourselves in cordial agreement with it.... The book is truly scientific in spirit and method, presenting its subject with the balance restraint and clarity which have marked the author's distinguished service as a judge". - Harlan F. Stone