A Study Of Benjamin N.Cardozo's Judicial Philosophy

Cardozo is one of the most famous judges in American history,his judicial philosophy not only has great influence on the American judiciary,but also has important reference significance to the development of judicial theory in China.Cardozo's analysis of the nature of judicial process and legal growth,is a classic in the relevant works,this paper through the text interpretation of his writings and legal opinions,in order to make a more comprehensive analysis of his judicial philosophy.This article consists of four parts: the first part,through the personal experience and background of Cardozo,understand the origin of the judicial philosophy of Cardozo,and interpret its classic legal opinion,and feel the proof skills of academic atmosphere and some legal thoughts.The second part is the keynote part of this article,through the profound understanding of the purpose of law,legal growth and formalism,and against the deductive reasoning as the sole method of judgment,and expounds the relationship between legal stability and legal growth.Cardozo,with years of legal experience,analyzes the judicial process rationally,and explains the author explains the philosophical method,historical method,customary method and sociological method and subconscious factors that are considered in the process of a judge's judgment,indicating that judges should have keen and cautious observation,to respond to the real needs of the positive attitude and a variety of judicial methods such as the use of skilled professionalism.On the one hand,Cardozo encourages actively judges to dare to create and promote legal growth,and pursue the unity of legal and social effects;On the other hand,the creation of judges is limited in order to respect the common law tradition.The third part describes the contribution and subsequent influence of the judicial concept of Cardozo in specific practice.The fourth part based on the reality of our country.We should look rationally at the role of our judges in the legal growth.By expecting in-depth and extensive exploration of judicial process and judicial theory,good judicial experience to meet the real needs of society,which is very important to the construction of law today.