Edwin W. Patterson

Cardozo's Philosophy of Law

Benjamin Nathan Cardozos contributions to the juristic culture of his time are not confined to the doctrinal illuminations and improvements which are to be found in his judicial opinions. He was a great judge; he was also a philosopher of law. How great a philosopher of law is a question that is, perhaps, premature to ask or to attempt to answer. Philosophy is a long-range look at life, and its standards of value do not accept as final the verdict of a mans contemporaries. Yet many other questions about Cardozo as a philosopher of law are of concern to the generation or two immediately following his death. What were his general theories of law? What was his conception of the nature of law? What new insight did he give into the judicial function and the judicial process of deciding cases? What were his ideas about theories of values? What were his views upon those relations of law to the cosmos which may be called the metaphysics of law? Wherein, in all this, did he derive from his predecessors and differ with his contemporaries? The present article essays a discussion of these questions. A judge may be known as a philosopher of law by the wisdom and insight which he displays in his practical judgments. His philosophy of law may be adumbrated in his opinions on contracts or torts or constitutional law. These divinations may be of great importance for legal development, yet they are, due to the limitations of the judicial opinion, either implicit or at most fragmentarily explicit. Cardozos philosophy of law is partly to be derived from his judicial opinions. Fortunately, he has given in his books, articles and addresses more coherent and studied statements of his ideas. These were analytic in detail but were never systematically articulated. His deepest insights came from his passion for justice, and were expressed in the language of the poet rather than the logician. It is doubtful if he would have found congenial the formulation of complete and exclusive categories, the elaboration of a system of philosophy of law. The practical work of the court was the starting point of his reflections, and he was never long separated from the earth which gave him strength. He

An Introduction to a Philosophy of Law

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