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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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DangerMayRescue

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  Justice 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.

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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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  Prophecy, however honest, is generally a poor substitute for experience.

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

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

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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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  Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.

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

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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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  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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  Law never is, but is always about to be.

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  Consequences cannot alter statutes, but may help to fix their meaning.

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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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  Inaction without more is not tantamount to choice.

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

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