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The difference is no less real because it is of degree.

Benjamin Cardozo

Code is followed by commentary, and commentary by revision, and thus the task is never done.
BENJAMIN CARDOZO

Done Revision Tasks
The difference is no less real because it is of degree.
BENJAMIN CARDOZO

Degrees Differences Real
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
The judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.
BENJAMIN CARDOZO

Judging Knights Roaming
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
There are vogues and fashions in jurisprudence as in literature and art and dress.
BENJAMIN CARDOZO

Art Dresses Fashion
We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
BENJAMIN CARDOZO

Finding Illusion Mind Peace
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.
BENJAMIN CARDOZO

Judging Justice Law
Method is much, technique is much, but inspiration is even more.
BENJAMIN CARDOZO

Inspiration Inspirational Technique
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
Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
BENJAMIN CARDOZO

Danger May Rescue
Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
BENJAMIN CARDOZO

Errors Growth Ingredient
Law never is, but is always about to be.
BENJAMIN CARDOZO

Always Law never
The validity of a tax depends upon its nature, and not upon its name.
BENJAMIN CARDOZO

Names Taxes Validity
Opinion has a significance proportioned to the sources that sustain it.
BENJAMIN CARDOZO

Opinion Significance Source

The difference is no less real because it is of degree.

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The difference is no less real because it is of degree.

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