No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.
BENJAMIN CARDOZODanger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
More Benjamin Cardozo Quotes
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We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
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I take judge-made law as one of the existing realities of life.
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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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Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
BENJAMIN CARDOZO -
The validity of a tax depends upon its nature, and not upon its name.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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The Constitution was framed upon the theory that the peoples of the several states must sink or swim together, and that in the long run prosperity and salvation are in union and not division.
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Law never is, but is always about to be.
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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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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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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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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 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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Consequences cannot alter statutes, but may help to fix their meaning.
BENJAMIN CARDOZO