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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.

Benjamin Cardozo

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  Code is followed by commentary, and commentary by revision, and thus the task is never done.

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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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  The difference is no less real because it is of degree.

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  The validity of a tax depends upon its nature, and not upon its name.

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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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  The risk to be percieved defines the duty to be obeyed.

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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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  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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  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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  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.

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  Opinion has a significance proportioned to the sources that sustain it.

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  Law never is, but is always about to be.

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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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  Justice is not to be taken by storm. She is to be wooed by slow advances.

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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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  The prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.

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