Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
BENJAMIN CARDOZOThe heroic hours of life do not announce their presence by drum and trumpet.
More Benjamin Cardozo Quotes
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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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I take judge-made law as one of the existing realities of life.
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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 great generalities of the constitution have a content and a significance that vary from age to age.
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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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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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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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Membership in the bar is a privilege burdened with conditions.
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Prophecy, however honest, is generally a poor substitute for experience.
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With traps and obstacles and hazards confronting us on every hand, only blindness or indifference will fail to turn in all humility, for guidance or for warning, to the study of examples.
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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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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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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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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