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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.

Benjamin Cardozo

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.
BENJAMIN CARDOZO

Balance Fairness Justice
Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
BENJAMIN CARDOZO

Honesty Honor Sensitive
Fraud includes the pretense of knowledge when knowledge there is none.
BENJAMIN CARDOZO

Fraud Include Knowledge Pretense
The great generalities of the constitution have a content and a significance that vary from age to age.
BENJAMIN CARDOZO

Age Constitution Significance
The final cause of law is the welfare of society.
BENJAMIN CARDOZO

Competition Finals Law
Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
BENJAMIN CARDOZO

Errors Growth Ingredient
There are vogues and fashions in jurisprudence as in literature and art and dress.
BENJAMIN CARDOZO

Art Dresses Fashion
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
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

Dark Mind Years
Rest and motion, unrelieved and unchecked, are equally destructive.
BENJAMIN CARDOZO

Destructive Unchecked Unrelieved
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 CARDOZO

Justice Mind Ordinary
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
The risk to be percieved defines the duty to be obeyed.
BENJAMIN CARDOZO

Duty Obeyed Perceived Risk
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 CARDOZO

Equality Erosion Liberty
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 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 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.

Related Topics

Popular Authors

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