Research On Cardozo's Law Growth Theory

Cardozo has been recognized as the greatest in American history, the most intelligent one of the judges, the judiciary in the United States. Cardozo has a high academic reputation, his jurisdiction has its unique.I think that Cardozo's judicial theory can be summed up as theory of the growth of the law, this paper comprehensively describes the growth of the ideological background of The theory in favor of using the method focuses on the text read the legal starting point for growth and growth of the path, the growth method, growth of secondary philosophy, a comprehensive analysis of the legal issue of how to grow, revealing the balance of art and pragmatism Cardozo's ideas.Cardozo lived in the great transformation of American society ,during the systematic study of The theory, deep thinking will help the judge in the face of transition, when the growth of the balance of the law of the surgery and the value of legal pragmatism; Furthermore, in order to enlighten our country in the same period of transation,our legislative and judicial.Cardozo' theory of the growth of the law has its own unique background and origins. The late 19th century early 20th century, the United States is in a period of social transformation, social upheaval, largely in response to an agricultural society until the law has been unable to meet the changed needs of society, the legal much-needed change; the prevalence of legal formalism was gradually losing ground, are being realistic and the pragmatist's fierce attacks, Cardozo is respected legal pragmatism pragmatist. So, with pragmatism-based, positive responses to the social upheaval of the growth of the law resulted in growth theory."The law must be stable, but can not be static." Legal pursuit of stability, but the society is changing, so the law must grow up. The growth path of the law are the legislative growth, growth of restatement and the judicial growth. Due to the natural legitimacy, legislative growth is the the most important growth path, growth of restatement is to require the growth of jurisprudence of the law to make somecontribution, and as a judge, Justice Cardozo focus on the judicial growth which include the necessity and possibility of judicial growth, judicial cases, the type of growth pattern of the judiciary and judicial development approach.The theory is on the evaluation of a praise and criticism.One criticism is that the theory is not a complete theoretical system; the second criticism is that the theory could lead to tyranny of judges; the third criticism that the theory can not provide a final answer to the judge.I think that the theory is a balanced growth of the art, a pragmatic philosophy of law, a sense of introspection. It is not intended to build a logical and thorough theoretical system, nor is it intended to tell the judges the immediate answer to solve the cases.Its value lies in a methodological guide,to guide the judge to avoid thinking too direct, too arbitrary; to advise the judge to face the law itself contains a lot of contradictions on how to co-ordinate.It is a degree of certainty, a balance of art, a practical philosophy.