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There are vogues and fashions in jurisprudence as in literature and art and dress.

Benjamin Cardozo

The judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.
BENJAMIN CARDOZO

Judging Knights Roaming
The great generalities of the constitution have a content and a significance that vary from age to age.
BENJAMIN CARDOZO

Age Constitution Significance
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
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
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
Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
BENJAMIN CARDOZO

Errors Growth Ingredient
Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
BENJAMIN CARDOZO

Honesty Honor Sensitive
The difference is no less real because it is of degree.
BENJAMIN CARDOZO

Degrees Differences Real
Method is much, technique is much, but inspiration is even more.
BENJAMIN CARDOZO

Inspiration Inspirational Technique
The final cause of law is the welfare of society.
BENJAMIN CARDOZO

Competition Finals Law
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
Code is followed by commentary, and commentary by revision, and thus the task is never done.
BENJAMIN CARDOZO

Done Revision Tasks
History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
BENJAMIN CARDOZO

Illuminating Past
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.
BENJAMIN CARDOZO

Distance Doe Joy
The validity of a tax depends upon its nature, and not upon its name.
BENJAMIN CARDOZO

Names Taxes Validity
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

There are vogues and fashions in jurisprudence as in literature and art and dress.

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There are vogues and fashions in jurisprudence as in literature and art and dress.

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Popular Authors

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