I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZOMethod is much, technique is much, but inspiration is even more.
More Benjamin Cardozo Quotes
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The great generalities of the constitution have a content and a significance that vary from age to age.
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With traps and obstacles and hazards confronting us on every hand, only blindness or indifference will fail to turn in all humility, for guidance or for warning, to the study of examples.
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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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There are vogues and fashions in jurisprudence as in literature and art and dress.
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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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Consequences cannot alter statutes, but may help to fix their meaning.
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Law never is, but is always about to be.
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The heroic hours of life do not announce their presence by drum and trumpet.
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Rest and motion, unrelieved and unchecked, are equally destructive.
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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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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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Inaction without more is not tantamount to choice.
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The difference is no less real because it is of degree.
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Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
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Justice is not to be taken by storm. She is to be wooed by slow advances.
BENJAMIN CARDOZO