Exploration Of The Cardoso Judicial Philosophy

Cardozo is one of the most influential judges in American history, and has an enduring status in the American legal field. Therefore, the overseas researches about Cardozo are extremely rich, for example, the synthetic study to his judicial philosophy, his legal literature research, and the study of judges' status. While the domestic researches are comparatively deficient and fragmentary, some only touches the partial contents and others pause in the introduction stage, not systematic. Therefore, on the basis of some Chinese and English materials, and reading of his theory and practice, this article tries to do a more comprehensive analysis and integration. The main contents of the article are, at first, the origins of Cardozo's life and thinking. We must first understand his growth background and the environment. Next, we focus on Cardozo's writings and his famous judicial opinions, hoping to get a comprehensive understanding of his judicial philosophy. This is the important part of this paper, and also the main aspects of Cardozo's philosophy . It is divided into three chapters, dealing with what the law is .the growth of the law, the purpose and the function of the law, the interests weighing theory and the methodology of justice. The last part is a general comment on Cardozo's thinking, and an analysis of its impact.Cardozo's judicial philosophy is worthy to research, also because his words .We would love to read them and they remind us be sober; they tell us how to look at the law wisely, and how to learn and operate it. In fact, many people feel that his language is very simple, the questions which elaborated we already know, but Cardozo's broad mind and his splendid expressions all manifest the spirit which a jurist should have, and worth our admiring.