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.
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
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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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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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Justice is not to be taken by storm. She is to be wooed by slow advances.
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Rest and motion, unrelieved and unchecked, are equally destructive.
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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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Fraud includes the pretense of knowledge when knowledge there is none.
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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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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 judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.
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The final cause of law is the welfare of society.
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Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
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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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Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
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I take judge-made law as one of the existing realities of life.
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