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.
BENJAMIN CARDOZOConsequences cannot alter statutes, but may help to fix their meaning.
More Benjamin Cardozo Quotes
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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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 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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Justice is not to be taken by storm. She is to be wooed by slow advances.
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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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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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Inaction without more is not tantamount to choice.
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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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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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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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Prophecy, however honest, is generally a poor substitute for experience.
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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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Method is much, technique is much, but inspiration is even more.
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Fraud includes the pretense of knowledge when knowledge there is none.
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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.
BENJAMIN CARDOZO