A Study Of Cardozo's Judicial Philosophy

Cardozo is a famous American Justice.His life went through many twists and turns.Shortly after his birth,his father's political scandal was exposed,which cast a shadow over the whole family.His mother and father left him one after another,leaving him with his brothers and sisters.He lived in an era of social transformation in the United States.Roosevelt pursued the New Deal and urgently needed stability in social relations.A series of events happened one after another.Cardozo's pragmatism judicial philosophy has been greatly developed in this situation.He loved his career and fought for it.He was a lawyer,a judge,never married and had children.He spent almost all his life studying law and devoting himself to his career.The judicial opinions he wrote were full of literary color and eloquence,and often made people clap their hands.This paper mainly focuses on Cardozo's thoughts and methods of judicial philosophy.The first part describes his life,how his experience created such a great person.Mainly from his growth environment,life background and ideological origin of these aspects to explore and study,analysis of the background of the formation of his judicial philosophy.The formation of Cardozo's theory of judicial philosophy is mainly influenced by three people:Holmes,Gray and Pound at the same time.In particular,Holmes' s "life of law is experience rather than logic" has a particularly significant impact on it.After Holmes retired at his own request,Cardozo,as his successor,entered the Supreme Court of the United States,and further developed his pragmatism philosophy of law,making continuous efforts to achieve social welfare.The second part mainly describes the content of his judicial philosophy,including the relationship between Cardozo's judicial philosophy and American pragmatism and his main methods of judicial philosophy.Cardozo believes that because of the changes in social relations,the further improvement of people's ideological level,and the inability to fully adapt to new cases by following precedents to make logical deduction,judges must find new ways to fill the gap,and this process is the judge's law-making,which is also one of his four judicial philosophy methods.The enlightenment of Cardozo's judicial philosophy to China is mainly written in the third part.Based on the actual situation of China,the feasibility of applying Cardozo's judicial philosophy in China's judicial field is analyzed,and relevantsuggestions for China's judicial reform are put forward.Cardozo advocates that the law is not unchanged,but should adapt to social changes,and in reality,some principles are often not so appropriate,at this time,it is necessary for judges to modify or recreate them.At the same time,he also advocates that judges can play an appropriate role as law makers in the judicial process.Since there are judges who make laws,judges need to write convincing judgments to convince people.The art of Cardozo's verdict also came into being.Cardozo's judicial philosophy has its special historical background.Our country should draw lessons from Cardozo's judicial pragmatism philosophy,and combine the specific national conditions to extract the essence.According to China's judicial system,"cultivate" a suitable judicial method,which can take into account the stability of the law and the needs of social development.