Abstract / Description of output
In The Nature of the Judicial Process, Cardozo identifies the embrace of uncertainty as a mark of judicial expertise. Such uncertainty, he claims, provides an occasion for the exercise of creative energy and the judicial development of the law. This paper critically examines and extends, in light of contemporary work on the philosophy and psychology of ambivalence, Cardozo’s views about the relevance of uncertainty in judicial decision making and its import for the evolution of the law.
|Number of pages
|The Yale Journal of Law and Humanities
|Published - 14 Jun 2023