英美法系侧重于司法过程中法官造法的机制。案件法律适用规则与取舍以及法官造法不可能完全超越既有法律,凭空裁判和造法。卡多佐总结了担任法官的多年经验,在《司法过程的性质》中系统理论阐述了实用主义司法哲学。书中为法官在不同情况下采用何种方法进行裁判,确保法律的公正提供了实践的方法依据,也对裁判进行了必要的限制。 The Anglo-American legal system focuses on the mechanism of judges making law in the judicial process. Law applicable to cases and trade-offs as well as the judge’s method of law can not completely go beyond the existing law, reckless judgment and making law. Cardoso summed up many years as a judge of experience in the “nature of the judicial process,” the systematic theory elaborates the pragmatist philosophy of justice. The book for the judge in different situations using the method of referee, to ensure that the law provides a practical basis for the law, but also the necessary restrictions on the referee.