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 CARDOZOWhat 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.
More Benjamin Cardozo Quotes
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Prophecy, however honest, is generally a poor substitute for experience.
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The risk to be percieved defines the duty to be obeyed.
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The final cause of law is the welfare of society.
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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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Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
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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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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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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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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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Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
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Method is much, technique is much, but inspiration is even more.
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I take judge-made law as one of the existing realities of life.
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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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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
BENJAMIN CARDOZO