Exploration Of The Cardozo's Pragmatic Judicial Philosophy

Cardozo is one of the most influential judges in the United States.Over his tenure,the United States is to shift from free capitalism to monopoly capitalism.A large number of constantly emerging cases can`t find the answer from the existing precedent and judicial method.On the basis of inheriting other social essence of law,Cardozo upholds the pragmatic analysis method,and according to many years experience engaged in the lawyer and judge,and put forward the judicial philosophy.It includes concept of law,concept of justice,four judicial ways and thought of judge-made law which is the core of judicial philosophy.Cardozo contributes to implementation of the transformation of the common law,and his judicial philosophy leaves valuable judicial wealth for later generations.This paper analyzes the era background and theoretical basis of Cardozo`s judicial philosophy,studies the referee concept and legal method,and evaluates the will,innovation and defects,in order to reflect the judicial value embodied with the spirit of the time and promote the progress of judicial judgment method in our country.In this paper,besides introduction and conclusion,the body is made up of four parts.The first part gets to the root of the matter.It discusses the background of the Cardozo`s pragmatism judicial philosophy,and explains its theoretical basis and clears the connotation of pragmatism.This chapter is divided into two sections.The first section illustrates Cardozo`s picture of life with two aspects of social factors and hisown factors.The second section expounds the theoretical basis of Cardozo`s judicial philosophy,the essence of other social jurist and the connotation of pragmatism,in order to lay a foundation for later analysis of referee concept and method.The second part is to clarify the referee concept,which is philosophy of law in the pragmatism judicial philosophy.This chapter is divided into two sections to detail Cardozo`s notions,justice and the judicial operation process of trial and error.The third part is to discuss Cardozo`s judicial method and the referee skills.It elaborates four judicial ways and thought of judge-made law under the law blank which is the core of judicial philosophy.The fourth part is to make the judicial respond the times.It evaluates the will,innovation and defects,and states the judge`s knowledge foundation and role.And it emphasizes the judiciary should keep pace with the times,bases on the society for social justice.Hope to get some references and enlightenment about the progress of judicial judgment method.