Cardozo

著者

書誌事項

Cardozo

Andrew L. Kaufman

Harvard University Press, c1998

  • : cloth

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注記

Includes bibliographical references (p. 581-703) and indexes

内容説明・目次

内容説明

This is a biography of Benjamin Nathan Cardozo, a longtime member and chief judge of the New York Court of Appeals and justice in the Supreme Court of the United States during the turbulent years of the New Deal. Cardozo was a progressive judge who defended the proposition that judge-made law must be adapted to modern conditions. He also preached and practiced the doctrine that respect for precedent, history, and all branches of government limited what a judge could and should do. Thus he did not modernize law at every opportunity. Andrew Kaufman interweaves the personal and professional lives of Cardozo, looking at his Jewish ties, his father's career as a judge and lawyer, but concentrating on his career, including 23 years in private practice as a tough-minded and skillful lawyer and his lectures and writings on the judicial process. From his biography emerges a figure holding to concepts of duty and responsibility, but a person not without frailties and prejudice.

目次

Acknowledgments Beginnings: 1870-1891 1. Cardozo's Heritage: The Sephardim and Tammany Hall 2. Young Cardozo 3. Columbia Law School Lawyer: 1891-1914 4. Apprenticeship 5. Developing a Practice 6. Lawyer's Lawyer Judge: 1914-1932 7. New York Supreme Court 8. The Job of a Judge 9. Private Life and Private Views 10. A Judge's Service 11. Chief Judge Doing the Law's Work: 1914-1932 12. The Nature of the Judicial Process 13. Equity, Individual Justice, and the Punctilio of Honor 14. The Law of Negligence: Duty to Strangers 15. Liability and Duty: MacPherson v. Buick 16. Fireworks and Foreseeability: Palsgraf 17. Contracts and Promises 18. Moral Obligation and Damages 19. Constitutional and International Law 20. Criminal Law 21. Property, Corporations, the Legal Profession, and Legislative Policy 22. A Puzzle, Candor, and Style The Supreme Court: 1932-1938 23. Appointment 24. Life in Washington 25. State Regulatory Power and the Constitution 26. National Regulatory Power and the Constitution 27. Civil Liberties, Race, and Other Supreme Court Issues 28. Legacy Notes Index of Cases General Index

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