In this review, Professor John C.P. Goldberg examines Professor Andrew L. K
aufman's biography of Justice Cardozo. While Cardozo presents a rich factua
l picture of its subject's life and legal career, Goldberg argues that it f
ails to capture the essence of his jurisprudence or satisfactorily explain
why Cardozo is considered a great judge. Contrary to the opinions of schola
rs such as Kaufman and Judge Richard Posner, who each consider Cardozo a di
fferent form of legal Realist, Goldberg argues that Cardozo was among the m
ost accomplished anti-Realist judges of the twentieth century. Goldberg tak
es issue with Kaufman's thesis that Cardozo merely balanced various competi
ng factors in deciding cases-which does little to explain why Cardozo reach
ed the decisions he did-and with Judge Posner Ss attribution of Cardozo's f
ame to his literary prowess. Instead, Goldberg argues that Cardozo believed
that the law contained meaningful concepts and that the job of the judge i
s to apply these concepts. Cardozo's talent for conceptual analysis, his de
tachment from the world, his acknowledgment of his own limitations, his jud
icial humility, and his perceptiveness shaped his particular style of judgi
ng-that of a pragmatic conceptualist. Ultimately, Goldberg argues that Card
ozo's greatness can be explained by his ability to combine astute legal ana
lysis with an awareness of social conditions and changing social norms.