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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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  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.

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  Inaction without more is not tantamount to choice.

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  We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.

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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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  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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  The risk to be percieved defines the duty to be obeyed.

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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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  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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  Prophecy, however honest, is generally a poor substitute for experience.

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  Law never is, but is always about to be.

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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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  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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  The final cause of law is the welfare of society.

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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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  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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