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Opinion has a significance proportioned to the sources that sustain it.

Benjamin Cardozo

The validity of a tax depends upon its nature, and not upon its name.
BENJAMIN CARDOZO

Names Taxes Validity
The heroic hours of life do not announce their presence by drum and trumpet.
BENJAMIN CARDOZO

Heroic Hours Trumpet
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.
BENJAMIN CARDOZO

Confidence Giving Judging Philosophy
There are vogues and fashions in jurisprudence as in literature and art and dress.
BENJAMIN CARDOZO

Art Dresses Fashion
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.
BENJAMIN CARDOZO

Gain Honesty Men
I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZO

Judging Law Reality
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.
BENJAMIN CARDOZO

Games Struggle Truth
The difference is no less real because it is of degree.
BENJAMIN CARDOZO

Degrees Differences Real
Fraud includes the pretense of knowledge when knowledge there is none.
BENJAMIN CARDOZO

Fraud Include Knowledge Pretense
Method is much, technique is much, but inspiration is even more.
BENJAMIN CARDOZO

Inspiration Inspirational Technique
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

Decision Justice Taken
The risk to be percieved defines the duty to be obeyed.
BENJAMIN CARDOZO

Duty Obeyed Perceived Risk
History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
BENJAMIN CARDOZO

Illuminating Past
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

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

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

Issue Judicial Raise Sysdtem

Opinion has a significance proportioned to the sources that sustain it.

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Opinion has a significance proportioned to the sources that sustain it.

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