Nature of the Judicial Process – by Benjamin Cardozo (The Methods of History, Tradition and Sociology)

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    • 21/04/2023 at 11:30 #129727
      advtanmoy
      Keymaster

      In countries where statutes are oftener confined to the announcement of general principles, and there is no attempt to deal with details or particulars, legislation has less tendency to limit the freedom of the judge. That is why in our own law there is often greater freedom of choice in the construction of constitutions than in that of ordinary statutes. Constitutions are more likely to enunciate general principles, which must be worked out and applied thereafter to particular conditions. What concerns us now, however, is not the size of the gaps. It is rather the principle that shall determine how they are to be filled, whether their size be great or small. The method of sociology in filling the gaps puts its emphasis on the social welfare.

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