Law never is, but is always about to be.
BENJAMIN CARDOZOLaw never is, but is always about to be.
BENJAMIN CARDOZOI take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZODue process is a growth too sturdy to succumb to the infection of the least ingredient of error.
BENJAMIN CARDOZOHistory, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
BENJAMIN CARDOZOWith 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.
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.
BENJAMIN CARDOZOInaction without more is not tantamount to choice.
BENJAMIN CARDOZOThe heroic hours of life do not announce their presence by drum and trumpet.
BENJAMIN CARDOZOIt 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 CARDOZOIn 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.
BENJAMIN CARDOZORest and motion, unrelieved and unchecked, are equally destructive.
BENJAMIN CARDOZOJustice is not to be taken by storm. She is to be wooed by slow advances.
BENJAMIN CARDOZOMembership in the bar is a privilege burdened with conditions.
BENJAMIN CARDOZOJustice 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.
BENJAMIN CARDOZOThe great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.
BENJAMIN CARDOZOWhat 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.
BENJAMIN CARDOZO