On Cardoso's Judicial Philosophy

Cardoso is a representative of sociological law.As a judge,he improved the judicial environment in the United States and gave a tremendous boost to the judicial process in the United States.Cardoso's judicial philosophical theory was influenced by the philosophy of pragmatism at the time.He opposed the judge's role only to discover,obey the law,rigidly apply the law,He believes that law is a process of continuous trial and error,the purpose of the law is to focus on social effects and achieve social welfare.Through this trial-and-error process,you can test out which elements are worth keeping,which elements need to be revised or reworded to achieve further development.Regarding the stability of the law,he believes that it is extremely necessary to prudently pursue reasonable certainty in the law,but even if it is reasonable,it should not be regarded as the primary and only value,otherwise,the law will be in danger of rigidity.The law is just like people.The way to survive and get new life in the changing society is to "compromise",that is,the law should get a proper balance between static and change.The method of judicial process is the theoretical core of Cardoso's judicial philosophy,which includes philosophy(logical)methods,historical methods,traditional methods,and sociological methods,the focus of sociological methods is social welfare.Only when the current three methods cannot guide the judges to make judgments,it is necessary to use sociological methods to achieve social welfare.These standards interact to influence the evolution of law.Cardozo did not deviate from the tradition of common law.He still adhered to the principle of precedents and still maintained the consistency and symmetry of the law.However,when the results of the judicial approach finally reach the goal of the law,that is,the realization of social interests,it is necessary to use the initiative of the judge to balance the conflict of interest.At this time,the judge acts as the role of the legislator.This part of the scope is a blank space for the law,and it is where the judge's serious and meaningful work begins.This process is regarded as the process of brewing compounds.Cardozo summed up the highest realm of justice as creating laws rather than discovering laws.In the process,the law grew.