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.
BENJAMIN CARDOZOInaction without more is not tantamount to choice.
More Benjamin Cardozo Quotes
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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.
BENJAMIN CARDOZO -
I take judge-made law as one of the existing realities of life.
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The final cause of law is the welfare of society.
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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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Code is followed by commentary, and commentary by revision, and thus the task is never done.
BENJAMIN CARDOZO -
Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
BENJAMIN CARDOZO -
Every human being of adult years and sound mind has a legal right to determine what shall be done with his own body.
BENJAMIN CARDOZO -
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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The risk to be percieved defines the duty to be obeyed.
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Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
BENJAMIN CARDOZO -
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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Opinion has a significance proportioned to the sources that sustain it.
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Consequences cannot alter statutes, but may help to fix their meaning.
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Fraud includes the pretense of knowledge when knowledge there is none.
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The prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.
BENJAMIN CARDOZO







