There are vogues and fashions in jurisprudence as in literature and art and dress.
BENJAMIN CARDOZOThere 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.
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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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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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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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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Rest and motion, unrelieved and unchecked, are equally destructive.
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Fraud includes the pretense of knowledge when knowledge there is none.
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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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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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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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Membership in the bar is a privilege burdened with conditions.
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Consequences cannot alter statutes, but may help to fix their meaning.
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Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
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Every human being of adult years and sound mind has a legal right to determine what shall be done with his own body.
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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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Opinion has a significance proportioned to the sources that sustain it.
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