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Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.

Benjamin Cardozo

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  History or custom or social utility or some compelling sense of justice or sometimes perhaps a semi-intuitive apprehension of the pervading spirit of our law must come to the rescue of the anxious judge and tell him where to go.

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  Justice, though due to the accused, is due the accuser also. The concept of fairness cannot be strained till it is narrowed to a filament. We are to keep our balance true.

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  The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.

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  Inaction without more is not tantamount to choice.

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  With traps and obstacles and hazards confronting us on every hand, only blindness or indifference will fail to turn in all humility, for guidance or for warning, to the study of examples.

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  No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.

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  Code is followed by commentary, and commentary by revision, and thus the task is never done.

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  The heroic hours of life do not announce their presence by drum and trumpet.

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  In the end the great truth will have been learned that the quest is greater than what is sought, the effort finer that the prize (or rather, that the effort is the prize), the victory cheap and hollow were it not for the rigor of the game.

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  Justice is not to be taken by storm. She is to be wooed by slow advances.

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  The constant assumption runs throughout the law that the natural and spontaneous evolutions of habit fix the limits of right and wrong.

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  Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.

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  History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.

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  I take judge-made law as one of the existing realities of life.

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  It is for ordinary minds, not for psychoanalysts, that our rules of evidence are framed. They have their source very often in considerations of administrative convenience, or practical expediency, and not in rules of logic.

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  Justice is not to be taken by storm. She is to be wooed by slow advances. Substitute statute for decision, and you shift the center of authority, but add no quota of inspired wisdom.

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