I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZONo judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.
More Benjamin Cardozo Quotes
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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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There are vogues and fashions in jurisprudence as in literature and art and dress.
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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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Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
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The risk to be percieved defines the duty to be obeyed.
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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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We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
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The difference is no less real because it is of degree.
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Rest and motion, unrelieved and unchecked, are equally destructive.
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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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Inaction without more is not tantamount to choice.
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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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Justice is not to be taken by storm. She is to be wooed by slow advances.
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The final cause of law is the welfare of society.
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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