There are vogues and fashions in jurisprudence as in literature and art and dress.
BENJAMIN CARDOZOThe constant assumption runs throughout the law that the natural and spontaneous evolutions of habit fix the limits of right and wrong.
More Benjamin Cardozo Quotes
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The prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.
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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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Law never is, but is always about to be.
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The final cause of law is the welfare of society.
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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 difference is no less real because it is of degree.
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Justice is not to be taken by storm. She is to be wooed by slow advances. Substitute statute for decision, and you shift the center of authority, but add no quota of inspired wisdom.
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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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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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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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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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Consequences cannot alter statutes, but may help to fix their meaning.
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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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Justice is not to be taken by storm. She is to be wooed by slow advances.
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Fraud includes the pretense of knowledge when knowledge there is none.
BENJAMIN CARDOZO