The difference is no less real because it is of degree.
BENJAMIN CARDOZOInaction without more is not tantamount to choice.
More Benjamin Cardozo Quotes
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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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Justice, though due to the accused, is due the accuser also. The concept of fairness cannot be strained till it is narrowed to a filament. We are to keep our balance true.
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Prophecy, however honest, is generally a poor substitute for experience.
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We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
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Opinion has a significance proportioned to the sources that sustain it.
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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.
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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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Rest and motion, unrelieved and unchecked, are equally destructive.
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Law never is, but is always about to be.
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The judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.
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Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
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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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Consequences cannot alter statutes, but may help to fix their meaning.
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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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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
BENJAMIN CARDOZO