The difference is no less real because it is of degree.
BENJAMIN CARDOZOHistory 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.
More Benjamin Cardozo Quotes
-
-
Method is much, technique is much, but inspiration is even more.
BENJAMIN CARDOZO -
Prophecy, however honest, is generally a poor substitute for experience.
BENJAMIN CARDOZO -
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.
BENJAMIN CARDOZO -
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.
BENJAMIN CARDOZO -
I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZO -
Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
BENJAMIN CARDOZO -
The great generalities of the constitution have a content and a significance that vary from age to age.
BENJAMIN CARDOZO -
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.
BENJAMIN CARDOZO -
The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.
BENJAMIN CARDOZO -
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.
BENJAMIN CARDOZO -
We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
BENJAMIN CARDOZO -
Rest and motion, unrelieved and unchecked, are equally destructive.
BENJAMIN CARDOZO -
The validity of a tax depends upon its nature, and not upon its name.
BENJAMIN CARDOZO -
Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
BENJAMIN CARDOZO -
The constant assumption runs throughout the law that the natural and spontaneous evolutions of habit fix the limits of right and wrong.
BENJAMIN CARDOZO