Reflections on "The Nature of the Judicial Process"

Authors

Ernest Nagel, Columbia University

Abstract

More than half a century has gone by since Cardozo delivered the three series of lectures, subsequently published in three wellknown books, in which he presented his philosophy of law with impressive learning and arresting (but sometimes distracting) eloquence. His jurisprudential views as well as his judicial decisions were influential in his lifetime; and his philosophical writings continue to be read, though it is difficult to say how widely or with what effect on their readers. In any event, during the past fifty years there has been a renaissance of active interest in legal philosophy, in this country as well as abroad, among practitioners of law as well as among professional philosophers. How much of Cardozo's philosophical thought continues to appear sound in the light of these more recent analyses and to remain pertinent to currently discussed issues in the philosophy of law? The following reflections are addressed to this question.

Keywords

Judicial Process, Judiciary Branch, Judges, Jurisprudence

Recommended Citation

Ernest Nagel, Reflections on "The Nature of the Judicial Process", 1 Cardozo L. Rev. 55 (1979).
https://larc.cardozo.yu.edu/clr/vol1/iss1/8