Sociology

This book titled Cardozo is authored by Andrew Kaufman. Kaufman after 40 years of work has written what can be described as the definitive biography of Justice Benjamin Cardozo. Benjamin Cardozo was among the premier judges who served in New York Court of Appeals which is one of the most influential states in United States and one of the supreme courts. During time in the New York Court of Appeals, Cardozo rewrote the law of tort with his stamp. His characterization of negligence, assumption of risk and proximate cause still dominate throughout the land even after about 60 to 80 years after his decision.

Benjamin Cardozo was born in New York City in the year 1870. He was the son of Albert Cardozo and Rebecca Washington. He was a twin to his sister Emily and was a cousin of Emma Lazarus the poet. He was named after a vice president of the New York Stock Exchange Benjamin Nathan who was his uncle. He was also the victim of the famous unsolved murder case of 1870. His mother died in 1879 and therefore he was raised by his elder sister Nell. He wanted to join into a profession that could materially aid himself as well as his siblings and at the same time he hoped to restore the family name which has been tarnished by his father who was a judge.

He studied law and practiced law in New York City until 1914. In November 1913 he was elected narrowly to 14 year tem on the New York Supreme Court. He took office in January the following year but by February of the same year he was designated to the New York Courts Of Appeals under 1899 Amendment. In 1917 he was appointed to a regular seat on the Courts of appeal so that he could fill a vacancy which was as a result of Samuel Seabury resignation. In 1926 both by republican and democrat tickets he was elected again on a 14 year term as a chief judge. In 1932 he resigned to accept an appointment to the United States Supreme Court where he succeeded Justice Oliver Holmes. His appointment was described as one which was not influenced by politics or partisanship but which was strictly based on the nominees contribution to law. His appointed was highly recommended by various institutions.

Benjamin Cardozo suffered a heart attack in late 1937. In early 1938 he suffered stroke and he later died in July 1939 at the age of 68 years. He was buried at Queens in Beth-Olam cemetery. Benjamin Cardozo death came at a time that there was so much transition in the courts because many of the judges had either died or retired during the late 1930s.

The author has recounted all of these effectively by combining the legal analysis with the biography. Cardozo was the son of a judge whose name was tarnished with scandals. People have for along time theorized Cardozos action as away of trying to retrieve the lost honor. Cardozo would turn away gifts even those that judges routinely accepted in their practice. The author has overplayed the honor theme in Cardozos legal analysis. For instance in the case of Meinhard vs. Salmon the judge declared that in fiduciary obligations matters a trustee is usually held to something stricter than the morals of the marketplace. Kaufman may be stretching Cardozos opinion in order to achieve his desired conclusion views the decision as a result of Cardozos efforts to implant a sense of conduct which honorable in to law.

According to Kaufman, Cardozo did mush as any other supreme judges would have done in order to give legitimacy to the legal regime which was brought forth by the New Deal and especially to widen the scope of federal power at the expense of the states. This aspect of Cardozos career explains without doubt the affection the he held is with by those in legal profession who believe that federal courts and federal government can heal or the ills in the society.

This book by Kaufman about Cardozo can be described as a major event in the world of judicial biography, law and legal literature. This book has been able to put across clearly the special environment which shaped Cardozo. This is the Sephardic heritage which set him apart even though he ceased religious practice after his Bar mitzvah but always remained proud of his Jewish heritage. Benjamin practiced a celibate life. In his life he remained unmarried. Due to the fact that he was tutored by Horatio Alger who had been accused of inappropriate relations with young boys led some biographers to insinuate that he was homosexual but there is no tangible evidence to support this claim.

Kaufman in his argument claims that even though one cannot absolutely be certain it is likely that Benjamin Cardozo lived a celibate life. This is also asserted by other scholars who claim that Cardozo devoted his life to his elder sister Nell who passed away in 1929. They claim that when Cardozo was asked about why he never married during this time his reply was that he could not have been able to put his sister at a second place in his life.

Cardozo ranks together with Oliver Wendell Holmes Jr., John Marshall, learned hand and Louis D. Brandeis as the best and greatest jurists in American history. Kaufman has dedicated his work to both Cardozos life and work even though most of it revolves around his work because his life was work. Kaufman work offers a insightful examination of Cardozos judicial work because he analyzes the development as well as maturation of his thinking regarding the many legal principles which today are the mainstay of America jurisprudence.

In conclusion, Kaufman book titled Cardozo which he spent 40 years researching about can be described as an exhaustive biography and a thorough analysis of his influence on American law. This book will surely remain over the years the definitive biography of this pivotal figure in the history of American law. The author Andrew Kaufman does not offer any apology on why it took so long to document this biography and in fact he need not to. The writing is contemplative, supple and judicious. The ideas flow very well and it thus catches the attention of the reader. This book can be read by both lay people and lawyers. This is because it is written in a lucid and clear prose which eschews much of current academic jargon thus making it readable.