Code is followed by commentary, and commentary by revision, and thus the task is never done.
BENJAMIN CARDOZOHistory, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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 prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.
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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.
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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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Prophecy, however honest, is generally a poor substitute for experience.
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The heroic hours of life do not announce their presence by drum and trumpet.
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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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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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I take judge-made law as one of the existing realities of life.
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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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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.
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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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Every human being of adult years and sound mind has a legal right to determine what shall be done with his own body.
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Opinion has a significance proportioned to the sources that sustain it.
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Membership in the bar is a privilege burdened with conditions.
BENJAMIN CARDOZO