Cardozo

Cardozo

[kahr-doh-zoh]
Cardozo, Benjamin Nathan, 1870-1938, American jurist, Associate Justice of the U.S. Supreme Court (1932-38), b. New York City. Educated at Columbia Univ., he practiced law until he was elected (1913) to the New York supreme court. Cardozo was then appointed (1914) to the court of appeals, elected (1917) for a 14-year term, and elected (1927) chief judge of the court, which, largely through his influence, gained international fame. He was prominent in the efforts of the American Law Institute to restate and simplify the law, and he advocated a permanent agency to function between the courts and legislatures to aid in framing effective legislation. Of Sephardic background, he was active in a number of Jewish movements. He was appointed (1932) by President Herbert Hoover to the Supreme Court to succeed Oliver Wendell Holmes. Cardozo was one of the foremost spokesmen on sociological jurisprudence, and his views on the relation of law to social change made him one of the most influential of U.S. judges. With Justices Louis D. Brandeis and Harlan F. Stone, he voted to uphold much early New Deal legislation, dissenting from the majority opinion. Cardozo expounded his philosophy of law and the judicial process in three classics of jurisprudence: The Nature of the Judicial Process (1921), The Growth of the Law (1924), and The Paradoxes of Legal Science (1928). He also wrote Law and Literature and Other Essays and Addresses (1931).

See the selection of his writings edited by M. E. Hall (1947); biographies by J. P. Pollard (1935, repr. 1970) and A. L. Kaufman (1998); studies by B. H. Levy (rev. ed. 1969) and W. C. Cunningham (1972).

Benjamin Cardozo.

(born May 24, 1870, New York, N.Y., U.S.—died July 9, 1938, Port Chester) U.S. jurist. Born into a distinguished Jewish family, he was admitted to the New York bar in 1891 and became a successful courtroom lawyer. Elected to the state Supreme Court as a reform candidate (1913), he was quickly promoted to the Court of Appeals. During his tenure many thought the quality of the appellate bench exceeded that of the U.S. Supreme Court. He influenced the trend in U.S. appellate judging toward greater involvement in public policy and consequent modernization of legal principles. He was both a creative common-law judge and a notable legal essayist. Appointed to the Supreme Court of the United States in 1932, he usually voted with liberals Louis Brandeis and Harlan Fiske Stone. He wrote the majority opinion upholding the constitutionality of the Social Security Act (1937). In a 1937 case on double jeopardy, he held that the states were not required to implement all the provisions of the Bill of Rights, a position that became known as “selective incorporation.” He served on the Supreme Court until 1938. The law school at Yeshiva University is named for him.

Learn more about Cardozo, Benjamin (Nathan) with a free trial on Britannica.com.

Benjamin Cardozo.

(born May 24, 1870, New York, N.Y., U.S.—died July 9, 1938, Port Chester) U.S. jurist. Born into a distinguished Jewish family, he was admitted to the New York bar in 1891 and became a successful courtroom lawyer. Elected to the state Supreme Court as a reform candidate (1913), he was quickly promoted to the Court of Appeals. During his tenure many thought the quality of the appellate bench exceeded that of the U.S. Supreme Court. He influenced the trend in U.S. appellate judging toward greater involvement in public policy and consequent modernization of legal principles. He was both a creative common-law judge and a notable legal essayist. Appointed to the Supreme Court of the United States in 1932, he usually voted with liberals Louis Brandeis and Harlan Fiske Stone. He wrote the majority opinion upholding the constitutionality of the Social Security Act (1937). In a 1937 case on double jeopardy, he held that the states were not required to implement all the provisions of the Bill of Rights, a position that became known as “selective incorporation.” He served on the Supreme Court until 1938. The law school at Yeshiva University is named for him.

Learn more about Cardozo, Benjamin (Nathan) with a free trial on Britannica.com.

Not to be confused with Cardoza
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