The Nature of the Judicial Process by Benjamin N. Cardozo is one of the most influential works on American jurisprudence. Written while Cardozo was a judge on the New York Court of Appeals (before joining the US Supreme Court), it explores how judges actually decide cases and the philosophy behind judicial decision-making.
Cardozo asks, “What is it that I do when I decide a case?” He aims to uncover the principles—both conscious and unconscious—that guide judicial reasoning. Cardozo identifies four main sources that influence judicial decisions: Precedent, History and Custom, the sense of Justice or Moral Philosophy, Social Welfare or Utility. He emphasizes that these sources interact and often conflict, requiring judges to balance them rather than follow any single one absolutely.
The Nature of the Judicial Process is widely respected for its clarity, its honesty about how law and judging really work (including tensions, uncertainty, moral influence), and its influence on subsequent legal theory.
Psychological
Audiobook details
GenrePhilosophy, Politics and Government
Length3 hrs 38 mins
Narrated byPeter Lerman
FormatAudiobook
Publish dateNov 25, 2025
LanguageEnglish
Table of contents
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About the author
Benjamin N. Cardozo
Benjamin Nathan Cardozo (1870–1938) was an American lawyer and jurist who served on the New York Court of Appeals from 1914 to 1932 and as an Associate Justice of the Supreme Court of the United States from 1932 until his death in 1938. Cardozo is remembered for his significant influence on the development of American common law in the twentieth century, as well as for his philosophy and vivid prose style. Born in New York City, Cardozo passed the bar in 1891 after attending Columbia Law School.View all by Benjamin N. Cardozo
