Rest and motion, unrelieved and unchecked, are equally destructive.
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 judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.
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Consequences cannot alter statutes, but may help to fix their meaning.
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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.
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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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There are vogues and fashions in jurisprudence as in literature and art and dress.
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Method is much, technique is much, but inspiration is even more.
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The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.
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Fraud includes the pretense of knowledge when knowledge there is none.
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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.
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I take judge-made law as one of the existing realities of life.
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The validity of a tax depends upon its nature, and not upon its name.
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Inaction without more is not tantamount to choice.
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The risk to be percieved defines the duty to be obeyed.
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Law never is, but is always about to be.
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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
BENJAMIN CARDOZO