The judicial process, as was said at the outset of these lectures, is a process of search and comparison, and little else.
More from Benjamin N. Cardozo
We like to picture to ourselves the field of law as accurately mapped and plotted. We draw our little lines, and they are hardly down before we blur them. As i…
Permalink to quote #25 I have spoken of the forces of which judges avowedly avail to shape the form and content of their judgments. Even these forces are seldom fully in consciousnes…
Permalink to quote #27 I am ready to concede that the rule of adherence to precedent, though it ought not to be abandoned, ought to be in some degree relaxed. I think that when a rul…
Permalink to quote #24