The Study Of Cardozo's Judicial Philosophy

At the beginning of the twentieth Century,in order to overcome the rigid conceptual jurisprudence,sociology of law came into being.Then sociological approaches into the field of Justice.There are both formalist jurisprudence and judicial mechanism,as well as interest law and radical realism law in the era of Cardozo.Cardozo was in an era of contention of a hundred schools of thought,but he just absorbed the mild side of all the doctrines and scrupulously adhered to his humble judicial philosophy.Cardozo believes that justice must be adapted to social reality and the judicial process includes both the factors of discovery and the factors of creation.Judges must often weigh the interests of each other and make a decision in a logically acceptable decision of two or more than two.Cardozo was opposed to extreme formalism and mechanistic justice,as well as against the extreme realism of the judiciary that ignores the logic,certainty,stability and authority of law.Cardozo stressed that it is necessary to keep the consistency and consistency of the law as well as to pay attention to the subjective initiative and creativity of the judge in the process of judicature.To achieve the maximization of social welfare,the judge should choose the different judicial methods according to the specific circumstances of specific case,weigh all kinds of social interests.Cardozo's philosophical thought of judicature is of great significance to the present rule of law construction,especially the judicial reform.