Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
BENJAMIN CARDOZODanger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
More Benjamin Cardozo Quotes
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The final cause of law is the welfare of society.
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The difference is no less real because it is of degree.
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Rest and motion, unrelieved and unchecked, are equally destructive.
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I take judge-made law as one of the existing realities of life.
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Prophecy, however honest, is generally a poor substitute for experience.
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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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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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There is in each of us a stream of tendency, whether you choose to call it philosophy or not, which gives coherence and direction to thought and action. Judges cannot escape that current any more than other mortals.
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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 ideals of liberty and equality are preserved against the assaults of opportunism, the expediency of the passing hour, the erosion of small encroachments, the scorn and derision of those who have no patience with general principles.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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In truth, I am nothing but a plodding mediocrity – please observe, a plodding mediocrity – for a mere mediocrity does not go very far, but a plodding one gets quite a distance. There is joy in that success, and a distinction can come from courage, fidelity and industry.
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What has once been settled by a precedent will not be unsettled overnight, for certainty and uniformity are gains not lightly sacrificed. Above all is this true when honest men have shaped their conduct on the faith of the pronouncement.
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The great generalities of the constitution have a content and a significance that vary from age to age.
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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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