Cardozo

  Author:    Andrew L. Kaufman
  ISBN:    0674096452
  Sales Rank:    1108851
  Published:    1998-05-01
  Publisher:    Harvard University Press
  # Pages:    744
  Binding:    Hardcover
  Avg. Rating:    5.0 based on 4 reviews
  Used Offers:    18 from $20.00
  Amazon Price:    $78.50
  (Data above last updated:  2008-11-06 02:52:43 EST)
  
  
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Cardozo
  

Benjamin Nathan Cardozo, unarguably one of the most outstanding judges of the twentieth century, is a man whose name remains prominent and whose contributions to the law remain relevant. This first complete biography of the longtime member and chief judge of the New York Court of Appeals and Justice of the Supreme Court of the United States during the turbulent years of the New Deal is a monumental achievement by a distinguished interpreter of constitutional law.

Cardozo was a progressive judge who understood and 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.

In this book, Kaufman interweaves the personal and professional lives of this remarkable man to yield a multidimensional whole. Cardozo's family ties to the Jewish community were a particularly significant factor in shaping his life, as was his father's scandalous career--and ultimate disgrace--as a lawyer and judge. Kaufman concentrates, however, on Cardozo's own distinguished career, including twenty-three years in private practice as a tough-minded and skillful lawyer and his classic lectures and writings on the judicial process. From this biography emerges an estimable figure holding to concepts of duty and responsibility, but a person not without frailties and prejudice.

Andrew L. Kaufman has, after 40 years of work, written what will be the definitive biography of Justice Benjamin Cardozo. Cardozo was one of the premier judges of the first half of this century, serving on the New York Court of Appeals as Chief Judge, the most influential state court in the country, and then on the Supreme Court. On the New York Court of Appeals, Cardozo rewrote tort law with his stamp; his characterizations of negligence, proximate cause, and assumption of the risk still dominate law throughout the land 60 to 80 years after his original decisions.

Kaufman recounts all of this, effectively combining legal analysis with biography. Cardozo's father was a judge tarnished with scandal, and it has long been theorized that Cardozo's life was an attempt to retrieve that lost honor. He would, for example, turn down even the simplest gifts that other judges routinely accepted. Kaufman arguably overplays the honor theme when it comes to his legal analysis, most notably in his analysis of Meinhard v. Salmon, in which the judge declared that, in matters of fiduciary obligations, "[a] trustee is held to something stricter than the morals of the marketplace." Kaufman, perhaps stretching Cardozo's opinion too far to reach the desired conclusion, views this decision as "a culmination of Cardozo's efforts to implant a sense of honorable conduct into law."

The only potential downside to the book, other than the occasional desire to see Kaufman address more frequently the thoughts and analysis of other biographers and commentators on Cardozo's life and work, is that Cardozo's virtue risks becoming the biography's failing: his life was his work. He was celibately monkish in his private life, and other than the politicking behind each of his successive appointments to higher courts, Cardozo's political life was for the most part equally quiet. Fortunately, Cardozo's legal output is so varied and important that the biography's necessary focus on his judicial career is not wasted effort for the author or the reader. --Ted Frank

                  Reader Reviews 1 - 5 of 5                 
  
  
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06-09-06 5 1\1
(Hide Review...)  The Definitive Biography
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Professor Kaufman worked on this impressive biography of Benjamin Nathan Cardozo for over 35 years. There were times when one began to wonder if it would ever appear. Well, it did and it was worth the wait. This is a long book, running some 700 pages including notes. At times, it seems almost too detailed--but it is a wonderful resource for anyone interested in Cardozo, the development of American law, and the Supreme Court. Kaufman strikes a nice balance between BNC's private and public lives, his 18 year service on the New York Court of Appeals and his 5 or so terms on the Supreme Court, the biographical details one expects and the legal doctrines and opinions that he authored. Along the way, the author covers BNC's significant books; his involvement with the ALI; his work in developing key contract and tort concepts on the Court of Appeals; his long period as Chief Judge there; and his methods of working and drafting opinions while on the New York court.

It is generally conceded that Cardozo's greatest contributions to the development of American law occurred on the CA and not during his service on the Supreme Court--he was the master common law judge rather than constitutional expert. So Kaufman devotes around 300 pages to Cardozo's service on that court. By contrast, around 100 pages are devoted to the Supreme Court and BNC's period in Washington. In fact, BNC does not get appointed until page 455. Cardozo found the Supremes a much less collegial body than the NY Court, in part because the justices were still doing the bulk of their work at home. Cardozo's views of state regulatory power and taxation, national regulatory power, court packing, and some civil liberties cases (such as Palko) are well addressed. Cardozo must have found it difficult to deal with colleagues such as Justice McReynolds and the other "four horsemen," but nonetheless he opposed FDR's court packing scheme.

While Richard Polenberg's "World of Benjamin Cardozo" (also published by Harvard University Press) is itself a fine contribution, this is the most exhaustive study of Cardozo that we are likely ever to see. It is a masterful work, but one that requires persistence to get through. It is the book that BNC deserves.
(Review Data Last Updated: 2007-06-14 21:27:22 EST)
06-08-06 5 1\1
(Hide Review...)  The Definitive Biography
Reviewer Permalink
Professor Kaufman worked on this impressive biography of Benjamin Nathan Cardozo for over 35 years. There were times when one began to wonder if it would ever appear. Well, it did and it was worth the wait. This is a long book, running some 700 pages including notes. At times, it seems almost too detailed--but it is a wonderful resource for anyone interested in Cardozo, the development of American law, and the Supreme Court. Kaufman strikes a nice balance between BNC's private and public lives, his 18 year service on the New York Court of Appeals and his 5 or so terms on the Supreme Court, the biographical details one expects and the legal doctrines and opinions that he authored. Along the way, the author covers BNC's significant books; his involvement with the ALI; his work in developing key contract and tort concepts on the Court of Appeals; his long period as Chief Judge there; and his methods of working and drafting opinions while on the New York court.

It is generally conceded that Cardozo's greatest contributions to the development of American law occurred on the CA and not during his service on the Supreme Court--he was the master common law judge rather than constitutional expert. So Kaufman devotes around 300 pages to Cardozo's service on that court. By contrast, around 100 pages are devoted to the Supreme Court and BNC's period in Washington. In fact, BNC does not get appointed until page 455. Cardozo found the Supremes a much less collegial body than the NY Court, in part because the justices were still doing the bulk of their work at home. Cardozo's views of state regulatory power and taxation, national regulatory power, court packing, and some civil liberties cases (such as Palko) are well addressed. Cardozo must have found it difficult to deal with colleagues such as Justice McReynolds and the other "four horsemen," but nonetheless he opposed FDR's court packing scheme.

While Richard Polenberg's "World of Benjamin Cardozo" (also published by Harvard University Press) is itself a fine contribution, this is the most exhaustive study of Cardozo that we are likely ever to see. It is a masterful work, but one that requires persistence to get through. It is the book that BNC deserves.
(Review Data Last Updated: 2007-04-05 12:29:41 EST)
08-23-98 5 2\2
(Hide Review...)  Extraordinary insights into an American judicial hero
Reviewer Permalink
Andrew Kaufman has written an engrossing account of the life of Benjamin Cardozo, a judicial hero of the first third of the century. This book should prove especially useful for first-year law students, who read many of Cardozo's most important decisions in their contracts and torts classes. But even non-lawyers with an interest in the legal system will find it highly readable and informative.
(Review Data Last Updated: 2006-06-29 09:12:13 EST)
06-11-98 5 2\2
(Hide Review...)  An honest and insightful biography of a pivotal figure
Reviewer Permalink
Professor Kaufman presents his subject, first, as a man, establishing the personal background that shaped Cardozo's work as a judge. Kaufman then offers an insightful examination of the judicial work of Judge and Justice Cardozo, analyzing the development and maturation of Cardozo's thinking regarding the many legal principles which have become mainstays of American jurisprudence. The biography is well suited to lawyer and non-lawyer, and provides an extraordinary social history of the shaping of the American common law that governs our lives and liability today. This biography is a must-read primer for all soon-to-be law students, who will find in it an invaluable guide to the principles they are preparing to study. Professor Kaufman's honest analysis of the talents and faults of his subject is much to be commended.
(Review Data Last Updated: 2006-06-29 09:12:13 EST)
03-13-98 5 6\6
(Hide Review...)  The only comprehensive biography of Justice Cardozo
Reviewer Permalink
This is a book for laypeople and lawyers, rare in judicial biography. It is written in a clear and lucid prose, eschewing much of the current academic jargon. The author's years of work include many interviews with people now dead (and thus unavailable!), providing invaluable insights and perspectives into Cardozo's life and judicial influence. This work will be interesting to social historians, as well, for its treatment of the Nathan and Cardozo families' experiences in an evolving America.
(Review Data Last Updated: 2006-06-29 09:12:13 EST)
  
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