Sir William Blackstone was an English jurist and Tory politician of the eighteenth century. He is most noted for writing the Commentaries on the Laws of England. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a Fellow of All Souls, Oxford on 2 November 1743, admitted to Middle Temple, called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone became involved in university administration, becoming accountant and bursar on 28 November 1746 and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and Warton Building, simplifying the complex accounting system used by the college. On 3 July 1753 he formally gave up his practice as a barrister and instead embarked on a series of lectures on English law, the first of their kind; these were massively successful, earning him a total of £453, led to the publication of An Analysis of the Laws of England in 1756, which sold out and was used to preface his works.
On 20 October 1758 Blackstone was confirmed as the first Vinerian Professor of English Law embarking on another series of lectures and publishing a successful second treatise, titled A Discourse on the Study of the Law. With his growing fame, Blackstone returned to the bar and maintained a good practice securing election as Tory Member of Parliament for the rotten borough of Hindon on 30 March 1761. In November 1765 he published the first of four volumes of Commentaries on the Laws of England, considered his magnum opus. After repeated failures, he gained appointment to the judiciary as a Justice of the Court of King's Bench on 16 February 1770, leaving to replace Edward Clive as a Justice of the Common Pleas on 25 June, he remained in this position until his death, on 14 February 1780. Blackstone's legacy and main work of note is his Commentaries. Designed to provide a complete overview of English law, the four-volume treatise was republished in 1770, 1773, 1774, 1775, 1778 and in a posthumous edition in 1783.
Reprints of the first edition, intended for practical use rather than antiquary interest, were published until the 1870s in England and Wales, a working version by Henry John Stephen, first published in 1841, was reprinted until after the Second World War. Legal education in England had stalled. William Searle Holdsworth, one of Blackstone's successors as Vinerian Professor, argued that "If the Commentaries had not been written when they were written, I think it doubtful that the United States, other English speaking countries would have so universally adopted the common law." In the United States, the Commentaries influenced Alexander Hamilton, John Marshall, James Wilson, John Jay, John Adams, James Kent and Abraham Lincoln, remain cited in Supreme Court decisions. William's father, Charles Blackstone, was a silk mercer from Cheapside, the son of a wealthy apothecary, he became firm friends with Thomas Bigg, a surgeon and the son of Lovelace Bigg, a gentleman from Wiltshire. After Bigg's sister Mary came to London, Charles persuaded her to marry him in 1718.
This was not seen as a good match for her, but the couple lived and had four sons, three of whom lived into adulthood. Charles and Henry, both became fellows of New College and took holy orders, their last son, was born on 10 July 1723, five months after Charles' death in February. Although Charles and Mary Blackstone were members of the middle class rather than landed gentry, they were prosperous. Tax records show Charles Blackstone to have been the second most prosperous man in the parish in 1722, death registers show that the family had several servants. This, along with Thomas Bigg's assistance to the family following Charles' death, helps explain the educational upbringing of the children. William Blackstone was sent to Charterhouse School in 1730, nominated by Charles Wither, a relative of Mary Blackstone. William did well there, became head of the school by age 15. However, after Charles' death the family fortunes declined, after Mary died the family's resources went to meet unpaid bills.
William was able to remain at Charterhouse as a "poor scholar", having been named to that position in June 1735 after being nominated by Sir Robert Walpole. Blackstone revelled in Charterhouse's academic curriculum the Latin poetry of Ovid and Virgil, he began to attract note as a poet at school, writing a 30-line set of rhyming couplets to celebrate the wedding of James Hotchkis, the headmaster. He won a silver medal for his Latin verses on John Milton, gave the annual Latin oration in 1738, was noted as having been the favourite student of his masters. On 1 October 1738, taking advantage of a new scholarship available to Charterhouse students, Blackstone matriculated at Pembroke College, Oxford. There are few surviving records of Blackstone's undergraduate term at Oxford, but the curriculum of Pembroke College had been set out in 1624, Prest notes that it was still followed in 1738, so Blackstone would have studied Greek, logic, philosophy, mathematics and poetry. Blackstone was good at Greek and poetry, with his notes on William Shakespeare being included in George Steevens' 1781 edition of Shakespeare's plays.
Many of B
Rule of law
The rule of law is defined in the Oxford English Dictionary as: "The authority and influence of law in society when viewed as a constraint on individual and institutional behavior. The phrase "the rule of law" refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain, in the following century the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and private restrictions upon liberty. "The rule of law" was further popularized in the 19th century by British jurist A. V. Dicey. However, the principle, if not the phrase itself, was recognized by ancient thinkers; the rule of law implies that every person is subject to the law, including people who are lawmakers, law enforcement officials, judges. In this sense, it stands in contrast to a monarchy or oligarchy where the rulers are held above the law.
Lack of the rule of law can be found in both democracies and monarchies, for example, because of neglect or ignorance of the law, the rule of law is more apt to decay if a government has insufficient corrective mechanisms for restoring it. Although credit for popularizing the expression "the rule of law" in modern times is given to A. V. Dicey, development of the legal concept can be traced through history to many ancient civilizations, including ancient Greece, Mesopotamia and Rome. In the West, the ancient Greeks regarded the best form of government as rule by the best men. Plato advocated a benevolent monarchy ruled by an idealized philosopher king, above the law. Plato hoped that the best men would be good at respecting established laws, explaining that "Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view, is not far off. More than Plato attempted to do, Aristotle flatly opposed letting the highest officials wield power beyond guarding and serving the laws.
In other words, Aristotle advocated the rule of law: It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, the servants of the laws. The Roman statesman Cicero is cited as saying, roughly: "We are all servants of the laws in order to be free." During the Roman Republic, controversial magistrates might be put on trial when their terms of office expired. Under the Roman Empire, the sovereign was immune, but those with grievances could sue the treasury. In China, members of the school of legalism during the 3rd century BC argued for using law as a tool of governance, but they promoted "rule by law" as opposed to "rule of law", meaning that they placed the aristocrats and emperor above the law. In contrast, the Huang–Lao school of Daoism rejected legal positivism in favor of a natural law that the ruler would be subject to. There has been an effort to reevaluate the influence of the Bible on Western constitutional law.
In the Old Testament, the book of Deuteronomy imposes certain restrictions on the king, regarding such matters as the numbers of wives he might take and of horses he might acquire. According to Professor Bernard M. Levinson, "This legislation was so utopian in its own time that it seems never to have been implemented...." The Deuteronomic social vision may have influenced opponents of the divine right of kings, including Bishop John Ponet in sixteenth-century England. In Islamic jurisprudence rule of law was formulated in the seventh century, so that no official could claim to be above the law, not the caliph. However, this was not a reference to secular law, but to Islamic religious law in the form of Sharia law. Alfred the Great, Anglo-Saxon king in the 9th century, reformed the law of his kingdom and assembled a law code which he grounded on biblical commandments, he held that the same law had to be applied to all persons, whether rich or poor, friends or enemies. This was inspired by Leviticus 19:15: "You shall do no iniquity in judgment.
You shall not favor the wretched and you shall not defer to the rich. In righteousness you are to judge your fellow."In 1215, Archbishop Stephen Langton gathered the Barons in England and forced King John and future sovereigns and magistrates back under the rule of law, preserving ancient liberties by Magna Carta in return for exacting taxes. This foundation for a constitution was carried into the United States Constitution. In 1481, during the reign of Ferdinand II of Aragon, the Constitució de l'Observança was approved by the General Court of Catalonia, establishing the submission of royal power to the laws of the Principality of Catalonia; the first known use of this English phrase occurred around AD 1500. Another early example of the phrase "rule of law" is found in a petition to James I of England in 1610, from the House of Commons: Amongst many other points of happiness and freedom which your majesty's subjects of this kingdom have enjoyed under your royal progenitors and queens of this realm, there is none which they have accou
Robert Alexy is a jurist and a legal philosopher. Alexy studied philosophy at the University of Göttingen, he received his PhD in 1976 with the dissertation A Theory of Legal Argumentation, he achieved his Habilitation in 1984 with a Theory of Constitutional Rights. He is a professor at the University of Kiel and in 2002 he was appointed to the Academy of Sciences and Humanities at the University of Göttingen. In 2010 he was awarded the Order of Merit of the Federal Republic of Germany. Alexy's definition of law looks like a mix of Kelsen's normativism and Radbruch's legal naturalism, but Alexy's theory of argumentation puts him close to legal interpretivism. Since 2008 the Universities of Alicante, Buenos Aires, Tucamán, National University of San Marcos in Lima, Coimbra, Porto Alegre, Belo Horizonte, Chapecó, Rio de Janeiro and Bogotá awarded him the honorary doctorate degree. Theorie der juristischen Argumentation. Die Theorie des rationalen Diskurses als Theorie der juristischen Begründung Translated by Neil MacCormick as "A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification" Theorie der Grundrechte Translated by Julian Rivers as "A Theory of Constitutional Rights" Mauerschützen Recht, Diskurs Der Beschluß des Bundesverfassungsgerichts zu den Tötungen an der innerdeutschen Grenze vom 24.
Oktober 1996 Begriff und Geltung des Rechts Translated by Stanley Paulson and Bonnie Litschewski Paulson as "The Argument from Injustice: A Reply to Legal Positivism" Elemente einer juristischen Begründungslehre, co-edited with Hans-Joachim Koch, Lothar Kuhlen and Helmut Rüßmann George Pavlakos, Law and Discourse: The Legal Philosophy of Robert Alexy Matthias Klatt, Institutionalized Reason: The Jurisprudence of Robert Alexy
The is–ought problem, as articulated by the Scottish philosopher and historian David Hume, states that many writers make claims about what ought to be, based on statements about what is. Hume found that there seems to be a significant difference between positive statements and prescriptive or normative statements, that it is not obvious how one can coherently move from descriptive statements to prescriptive ones; the is–ought problem is known as Hume's law, Hume's guillotine or fact–value gap. A similar view is defended by G. E. Moore's open-question argument, intended to refute any identification of moral properties with natural properties; this so-called naturalistic fallacy stands in contrast to the views of ethical naturalists. Hume discusses the problem in book III, part I, section I of his book, A Treatise of Human Nature: In every system of morality, which I have hitherto met with, I have always remarked, that the author proceeds for some time in the ordinary way of reasoning, establishes the being of a God, or makes observations concerning human affairs.
This change is imperceptible. For as this ought, or ought not, expresses some new relation or affirmation,'tis necessary that it should be observed and explained, but as authors do not use this precaution, I shall presume to recommend it to the readers. Hume calls for caution against such inferences in the absence of any explanation of how the ought-statements follow from the is-statements, but how can an "ought" be derived from an "is"? The question, prompted by Hume's small paragraph, has become one of the central questions of ethical theory, Hume is assigned the position that such a derivation is impossible; this complete severing of "is" from "ought" has been given the graphic designation of Hume's Guillotine. The apparent gap between "is" statements and "ought" statements, when combined with Hume's fork, renders "ought" statements of dubious validity. Hume's fork is the idea that all items of knowledge are based either on logic and definitions, or else on observation. If the is–ought problem holds "ought" statements do not seem to be known in either of these two ways, it would seem that there can be no moral knowledge.
Moral skepticism and non-cognitivism work with such conclusions. Ethical naturalists contend that moral truths exist, that their truth value relates to facts about physical reality. Many modern naturalistic philosophers see no impenetrable barrier in deriving "ought" from "is", believing it can be done whenever we analyze goal-directed behavior, they suggest that a statement of the form "In order for agent A to achieve goal B, A reasonably ought to do C" exhibits no category error and may be factually verified or refuted. "Oughts" exist in light of the existence of goals. A counterargument to this response is that it pushes back the'ought' to the subjectively valued'goal' and thus provides no fundamentally objective basis to one's goals which, provides no basis of distinguishing moral value of fundamentally different goals. A possible basis for an objective, moral realist, morality might be an appeal to teleonomy; this is similar to work done by moral philosopher Alasdair MacIntyre, who attempts to show that because ethical language developed in the West in the context of a belief in a human telos—an end or goal—our inherited moral language, including terms such as good and bad, have functioned, function, to evaluate the way in which certain behaviors facilitate the achievement of that telos.
In an evaluative capacity, therefore and bad carry moral weight without committing a category error. For instance, a pair of scissors that cannot cut through paper can legitimately be called bad since it cannot fulfill its purpose effectively. If a person is understood as having a particular purpose behaviour can be evaluated as good or bad in reference to that purpose. In plainer words, a person is acting good. If the concept of an "ought" is meaningful, this need not involve morality; this is. A poisoner might realize his victim has not died and say, for example, "I ought to have used more poison," since his goal is to murder; the next challenge of a moral realist is thus to explain what is meant by a "moral ought". Proponents of discourse ethics argue that the act of discourse implies certain "oughts", that is, certain presuppositions that are accepted by the participants in discourse, can be used to further derive prescriptive statements, they therefore argue that it is incoherent to argumentatively advance an ethical position on the basis of the is–ought problem, which contradicts these implied assumptions.
As MacIntyre explained, someone may be called a good person. Many ethical systems appeal to such a purpose; this is true of some forms of moral realism, which states that something can be wrong if every thinking person believes otherwise. The ethical realist might su
A Treatise of Human Nature
A Treatise of Human Nature is a book by Scottish philosopher David Hume, considered by many to be Hume's most important work and one of the most influential works in the history of philosophy. The Treatise is a classic statement of philosophical empiricism and naturalism. In the introduction Hume presents the idea of placing all science and philosophy on a novel foundation: namely, an empirical investigation into human nature. Impressed by Isaac Newton's achievements in the physical sciences, Hume sought to introduce the same experimental method of reasoning into the study of human psychology, with the aim of discovering the "extent and force of human understanding". Against the philosophical rationalists, Hume argues that passion rather than reason governs human behaviour, he introduces the famous problem of induction, arguing that inductive reasoning and our beliefs regarding cause and effect cannot be justified by reason. Hume defends a sentimentalist account of morality, arguing that ethics is based on sentiment and passion rather than reason, famously declaring that "reason is, ought only to be the slave to the passions".
Hume offers a skeptical theory of personal identity and a compatibilist account of free will. Contemporary philosophers have written of Hume that "no man has influenced the history of philosophy to a deeper or more disturbing degree", that Hume's Treatise is "the founding document of cognitive science" and the "most important philosophical work written in English." However, the public in Britain at the time did not agree, nor in the end did Hume himself agree, reworking the material in An Enquiry Concerning Human Understanding and An Enquiry Concerning the Principles of Morals. In the Author's introduction to the former, Hume wrote: “Most of the principles, reasonings, contained in this volume, were published in a work in three volumes, called A Treatise of Human Nature: a work which the Author had projected before he left College, which he wrote and published not long after, but not finding it successful, he was sensible of his error in going to the press too early, he cast the whole anew in the following pieces, where some negligences in his former reasoning and more in the expression, are, he hopes, corrected.
Yet several writers who have honoured the Author’s Philosophy with answers, have taken care to direct all their batteries against that juvenile work, which the author never acknowledged, have affected to triumph in any advantages, they imagined, they had obtained over it: A practice contrary to all rules of candour and fair-dealing, a strong instance of those polemical artifices which a bigotted zeal thinks itself authorized to employ. Henceforth, the Author desires, that the following Pieces may alone be regarded as containing his philosophical sentiments and principles.” Regarding An Enquiry Concerning the Principles of Morals, Hume said: "of all my writings, philosophical, or literary, incomparably the best." Hume's introduction presents the idea of placing all science and philosophy on a novel foundation: namely, an empirical investigation into human psychology. He begins by acknowledging "that common prejudice against metaphysical reasonings ", a prejudice formed in reaction to "the present imperfect condition of the sciences".
But since the truth "must lie deep and abstruse" where "the greatest geniuses" have not found it, careful reasoning is still needed. All sciences, Hume continues depend on "the science of man": knowledge of "the extent and force of human understanding... the nature of the ideas we employ, and... the operations we perform in our reasonings" is needed to make real intellectual progress. So Hume hopes "to explain the principles of human nature", thereby "propos a compleat system of the sciences, built on a foundation entirely new, the only one upon which they can stand with any security." But an a priori psychology would be hopeless: the science of man must be pursued by the experimental methods of the natural sciences. This means we must rest content with well-confirmed empirical generalizations, forever ignorant of "the ultimate original qualities of human nature", and in the absence of controlled experiments, we are left to "glean up our experiments in this science from a cautious observation of human life, take them as they appear in the common course of the world, by men's behaviour in company, in affairs, in their pleasures."
Hume begins by arguing that each simple idea is derived from a simple impression, so that all our ideas are derived from experience: thus Hume accepts concept empiricism and rejects the purely intellectual and innate ideas found in rationalist philosophy. Hume's doctrine draws on two important distinctions: between impressions and ideas, between complex perceptions and simple perceptions. Our complex ideas, may not directly correspond to anything in experience, but each simple idea directly corresponds to a simple impression resembling it—and this regular correspondence suggests that the two are causally connected. Since the simple impressions come before the simple ideas, since those without functioning senses end up lacking the corresponding ideas, Hume concludes that simple ideas must be
Aristotle was a philosopher during the Classical period in Ancient Greece, the founder of the Lyceum and the Peripatetic school of philosophy and Aristotelian tradition. Along with his teacher Plato, he is considered the "Father of Western Philosophy", his writings cover many subjects – including physics, zoology, logic, aesthetics, theatre, rhetoric, linguistics, economics and government. Aristotle provided a complex synthesis of the various philosophies existing prior to him, it was above all from his teachings that the West inherited its intellectual lexicon, as well as problems and methods of inquiry; as a result, his philosophy has exerted a unique influence on every form of knowledge in the West and it continues to be a subject of contemporary philosophical discussion. Little is known about his life. Aristotle was born in the city of Stagira in Northern Greece, his father, died when Aristotle was a child, he was brought up by a guardian. At seventeen or eighteen years of age, he joined Plato's Academy in Athens and remained there until the age of thirty-seven.
Shortly after Plato died, Aristotle left Athens and, at the request of Philip II of Macedon, tutored Alexander the Great beginning in 343 BC. He established a library in the Lyceum which helped him to produce many of his hundreds of books on papyrus scrolls. Though Aristotle wrote many elegant treatises and dialogues for publication, only around a third of his original output has survived, none of it intended for publication; the fact that Aristotle was a pupil of Plato contributed to his former views of Platonism, following Plato's death, Aristotle developed an increased interest in natural sciences and adopted the position of immanent realism. Aristotle's views on physical science profoundly shaped medieval scholarship, their influence extended from Late Antiquity and the Early Middle Ages into the Renaissance, were not replaced systematically until the Enlightenment and theories such as classical mechanics. Some of Aristotle's zoological observations found in his biology, such as on the hectocotyl arm of the octopus, were disbelieved until the 19th century.
His works contain the earliest known formal study of logic, studied by medieval scholars such as Peter Abelard and John Buridan. Aristotle's influence on logic continued well into the 19th century He influenced Islamic thought during the Middle Ages, as well as Christian theology the Neoplatonism of the Early Church and the scholastic tradition of the Catholic Church. Aristotle was revered among medieval Muslim scholars as "The First Teacher" and among medieval Christians like Thomas Aquinas as "The Philosopher", his ethics, though always influential, gained renewed interest with the modern advent of virtue ethics, such as in the thinking of Alasdair MacIntyre and Philippa Foot. In general, the details of Aristotle's life are not well-established; the biographies written in ancient times are speculative and historians only agree on a few salient points. Aristotle, whose name means "the best purpose" in Ancient Greek, was born in 384 BC in Stagira, about 55 km east of modern-day Thessaloniki.
His father Nicomachus was the personal physician to King Amyntas of Macedon. Both of Aristotle's parents died when he was about thirteen, Proxenus of Atarneus became his guardian. Although little information about Aristotle's childhood has survived, he spent some time within the Macedonian palace, making his first connections with the Macedonian monarchy. At the age of seventeen or eighteen, Aristotle moved to Athens to continue his education at Plato's Academy, he remained there for nearly twenty years before leaving Athens in 348/47 BC. The traditional story about his departure records that he was disappointed with the Academy's direction after control passed to Plato's nephew Speusippus, although it is possible that he feared the anti-Macedonian sentiments in Athens at that time and left before Plato died. Aristotle accompanied Xenocrates to the court of his friend Hermias of Atarneus in Asia Minor. After the death of Hermias, Aristotle travelled with his pupil Theophrastus to the island of Lesbos, where together they researched the botany and zoology of the island and its sheltered lagoon.
While in Lesbos, Aristotle married Hermias's adoptive daughter or niece. She bore him a daughter, whom they named Pythias. In 343 BC, Aristotle was invited by Philip II of Macedon to become the tutor to his son Alexander. Aristotle was appointed as the head of the royal academy of Macedon. During Aristotle's time in the Macedonian court, he gave lessons not only to Alexander, but to two other future kings: Ptolemy and Cassander. Aristotle encouraged Alexander toward eastern conquest and Aristotle's own attitude towards Persia was unabashedly ethnocentric. In one famous example, he counsels Alexander to be "a leader to the Greeks and a despot to the barbarians, to look after the former as after friends and relatives, to deal with the latter as with beasts or plants". By 335 BC, Aristotle had returned to Athens. Aristotle conducted courses at the school for the next twelve years. While in Athens, his wife Pythias died and Aristotle became involved with Herpyllis of Stagira, who bore him a son whom he named after his father, Nicomachus.
According to the Suda, he had an erômenos, Palaephatus of Abydus. This period in Athens, between 335 and 323 BC, is when Aristotle is believed to have composed many of his works, he wrote many dialogues. Those works that have survived are in treatise form and were not
Benjamin N. Cardozo
Benjamin Nathan Cardozo was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States. He had served as the Chief Judge of the New York Court of Appeals. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his philosophy and vivid prose style. Born in New York City, Cardozo passed the bar in 1891 after attending Columbia Law School, he won an election to the New York Supreme Court in 1913 but joined the New York Court of Appeals the following year. He won election as Chief Judge of that court in 1926. In 1932, President Herbert Hoover appointed Cardozo to the Supreme Court to succeed Oliver Wendell Holmes Jr. Cardozo served on the Court until 1938, formed part of the liberal bloc of justices known as the Three Musketeers, he wrote the Court's majority opinion in notable cases such as Nixon v. Condon and Steward Machine Co. v. Davis. Cardozo, the son of Rebecca Washington and Albert Jacob Cardozo, was born in 1870 in New York City.
Both Cardozo's maternal grandparents, Sara Seixas and Isaac Mendes Seixas Nathan, his paternal grandparents, Ellen Hart and Michael H. Cardozo, were Western Sephardim of the Portuguese Jewish community, affiliated with Manhattan's Congregation Shearith Israel; the family were descended from Jewish-origin New Christian conversos who left the Iberian Peninsula for Holland during the Inquisition, after which they returned to Judaism. Cardozo family tradition held that their marrano ancestors were from Portugal, although Cardozo's ancestry has not been traced to Portugal. However, "Cardozo", "Seixas" and "Mendes" are the Portuguese, rather than Spanish, spelling of those common Iberian surnames. Benjamin Cardozo was a twin with his sister Emily, they had a total of four siblings, including brother. One of many cousins was the poet Emma Lazarus. Benjamin was named for his uncle, Benjamin Nathan, a vice president of the New York Stock Exchange and the victim of a noted famous unsolved murder case in 1870.
Albert Cardozo, Benjamin Cardozo's father, was a judge on the Supreme Court of New York until 1868, when he was implicated in a judicial corruption scandal, sparked by the Erie Railway takeover wars. The scandal led to the creation of the Association of the Bar of the City of New York and his father's resignation from the bench. After leaving the court, he practiced law for nearly two decades more until his death in 1885. Rebecca Cardozo died in 1879 when Emily were young; the twins were raised during much of their childhood by their older sister Nell, 11 years older. One of Benjamin's tutors was Horatio Alger. At age 15, Cardozo entered Columbia University where he was elected to Phi Beta Kappa, went on to Columbia Law School in 1889. Cardozo wanted to enter a profession that could materially aid himself and his siblings, but he hoped to restore the family name, sullied by his father's actions as a judge; when Cardozo entered Columbia Law School, the program was only two years long. Cardozo declined to stay for an extra year, thus left law school without a law degree.
Cardozo began practicing appellate law alongside his older brother. Benjamin Cardozo practiced law in New York City until year-end 1913 with Simpson and Cardozo. In November 1913, Cardozo was narrowly elected to a 14-year term on the New York Supreme Court, taking office on January 1, 1914. In February 1914, Cardozo was designated to the New York Court of Appeals under the Amendment of 1899, was the first Jew to serve on the Court of Appeals. In January 1917, he was appointed to a regular seat on the Court of Appeals to fill the vacancy caused by the resignation of Samuel Seabury, in November 1917, he was elected on the Democratic and Republican tickets to a 14-year term on the Court of Appeals. In 1926, he was elected, to a 14-year term as Chief Judge, he took office on January 1, 1927, resigned on March 7, 1932 to accept an appointment to the United States Supreme Court. His tenure was marked by a number in tort and contract law in particular; this is due to timing. In 1921, Cardozo gave the Storrs Lectures at Yale University, which were published as The Nature of the Judicial Process, a book that remains valuable to judges today.
Shortly thereafter, Cardozo became a member of the group that founded the American Law Institute, which crafted a Restatement of the Law of Torts, a host of other private law subjects. He wrote three other books that became standards in the legal world. While on the Court of Appeals, he criticized the Exclusionary rule as developed by the federal courts, stated that: "The criminal is to go free because the constable has blundered." He noted that many states had rejected the rule, but suggested that the adoption by the federal courts would affect the practice in the sovereign states. In 1932, President Herbert Hoover appointed Cardozo to the Supreme Court of the United States to succeed Justice Oliver Wendell Holmes; the New York Times said of Cardozo's appointment that "seldom, if in the history of the Court has an appointment been so universally commended." Democratic Cardozo's appoint