The Study On Cardozo's Thought About Judge-made Law

Since Cardozo's judge made law thought has been received much attention at home and abroad,although he is not the first to propose the common law judge made law ideas,but this idea was recognized,and can play an important role in American judicial reform,Cardozo contributed.At the end of nineteenth Century and early twentieth Century America,full of unknown and may create,Cardozo will judge the Pragmatism Jurisprudence and identity perfect combination together,the success of American judicial reform,judge made law thought is the core of his thought.The basis of Cardozo's idea of law making is the tradition of American common law in the process of development and the pragmatism of American law.His thought has been influenced by the pragmatism,jurist Holmes Gray and social law at the same time the representative of Kant.Of course,the judge put his thoughts about making of law by also can't escape the background at that time,with the industrial revolution and the end of the adjustment of social structure and people's ideas have therefore undergone tremendous changes,and these changes also led to the American Revolution in terms of justice.Cardozo's law making thought of the law is produced under the background of the theory and the background of the times.We are going to have made the scope of "law" to be determined in the premise of judge made law to discuss Cardozo's thought,Cardozo clearly said the law is in the broad sense of law,law form and content are generalized,and then to explain the nature of law.The following content is more important,to the basis of the law of Cardozo,that is,to follow the precedent,the limitations of the judge made law as well as the ultimate goal of the judge made law to discuss social welfare.The content of judge making law has been presented completely,the judge in the face of the case,you need to use the method of judge made law,including philosophy,history,habits and sociological methods.Cardozo on the importance of theoretical research and practice,pay more attention to the accumulation,either as a lawyer or judge Cardozo,reflects the real demand and practice he pays attention to the society,provide a theoretical basis for his idea of judge made law.At the beginning of his legal occupation career reflects the characteristics and other lawyers are not the same,the legal issues and the actual social life is,as judge Cardozo will use the method of judge made law in front of a specific case,his judicial opinion is uphold the rationality and justice.Whether it is the charm of Cardozo's personality or impressed to him for the American judicial history contribution,Cardozo has won a lot of praise,of course also criticism.But the study theories are open,not only behind closed doors,has a guiding significance for practice is beneficial.At present China is in the stage of judicial reform,should look to see the world,although the legal system of China and the United States are very different,but the spirit of the pursuit of fairness and justice are the same,can absorb each other.