No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.
BENJAMIN CARDOZORest and motion, unrelieved and unchecked, are equally destructive.
More Benjamin Cardozo Quotes
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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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Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
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Fraud includes the pretense of knowledge when knowledge there is none.
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I take judge-made law as one of the existing realities of life.
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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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The great generalities of the constitution have a content and a significance that vary from age to age.
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The Constitution was framed upon the theory that the peoples of the several states must sink or swim together, and that in the long run prosperity and salvation are in union and not division.
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The final cause of law is the welfare of society.
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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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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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Opinion has a significance proportioned to the sources that sustain it.
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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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Inaction without more is not tantamount to choice.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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Method is much, technique is much, but inspiration is even more.
BENJAMIN CARDOZO