19世纪末20世纪初,美国经济和社会的转型要求法律作出新的调整。卡多佐通过一系列判决,在侵权行为法的制度、原则和理论等方面取得了方向性的突破,积极推动着侵权行为法的现代转向。卡多佐的司法实践遵循渐进的路径。这一方面是受当时社会经济发展水平的制约,另一方面则是源于卡多佐本人务实的“法官立法”观的影响。 In the late 19th and early 20th century, the U.S. economic and social transformation required the law to make new adjustments. Through a series of judgments, Cardoso made directional breakthroughs in the systems, principles and theories of tort law and actively promoted the modern turn of tort law. Cardoso’s judicial practice follows a gradual path. On the one hand, it was restricted by the level of social and economic development of the time, on the other hand, it was due to the influence of Carduzzo’s own pragmatic view of “judge’s legislation”.