Publication Date

Winter 2001

Journal

DePaul Law Review

Abstract

The article responds to critiques of Benjamin Cardozo's jurisprudence by emphasizing his belief in the dual role of judicial subjectivity and adherence to legal precedent. Cardozo advocated for a balanced approach where judges use their "trained intuition" to seek justice, even when it requires departing from formal rules. The author argues that Cardozo's method is evident in numerous cases and stresses the importance of judicial craftsmanship and language in legal decisions.

Volume

50

Issue

2

First Page

535

Last Page

538

Publisher

DePaul University College of Law

Disciplines

Judges | Law | Torts

Comments

Symposium: Civil Litigation and Popular Culture - Commentary

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