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The risk to be percieved defines the duty to be obeyed.

Benjamin Cardozo

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

Confidence Giving Judging Philosophy
Rest and motion, unrelieved and unchecked, are equally destructive.
BENJAMIN CARDOZO

Destructive Unchecked Unrelieved
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.
BENJAMIN CARDOZO

Gain Honesty Men
I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZO

Judging Law Reality
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.
BENJAMIN CARDOZO

Games Struggle Truth
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.
BENJAMIN CARDOZO

Decision Justice Taken
The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.
BENJAMIN CARDOZO

Judging Men Tides
Consequences cannot alter statutes, but may help to fix their meaning.
BENJAMIN CARDOZO

Helping May Statutes
The constant assumption runs throughout the law that the natural and spontaneous evolutions of habit fix the limits of right and wrong.
BENJAMIN CARDOZO

Law Limitation Running
The heroic hours of life do not announce their presence by drum and trumpet.
BENJAMIN CARDOZO

Heroic Hours Trumpet
The risk to be percieved defines the duty to be obeyed.
BENJAMIN CARDOZO

Duty Obeyed Perceived Risk
Membership in the bar is a privilege burdened with conditions.
BENJAMIN CARDOZO

Bars Membership Privilege
We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
BENJAMIN CARDOZO

Finding Illusion Mind Peace
Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
BENJAMIN CARDOZO

Expression Form Freedom
Inaction without more is not tantamount to choice.
BENJAMIN CARDOZO

Choices Inaction
The difference is no less real because it is of degree.
BENJAMIN CARDOZO

Degrees Differences Real

The risk to be percieved defines the duty to be obeyed.

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The risk to be percieved defines the duty to be obeyed.

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