The validity of a tax depends upon its nature, and not upon its name.
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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The difference is no less real because it is of degree.
BENJAMIN CARDOZO -
Membership in the bar is a privilege burdened with conditions.
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Method is much, technique is much, but inspiration is even more.
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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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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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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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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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I take judge-made law as one of the existing realities of life.
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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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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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The heroic hours of life do not announce their presence by drum and trumpet.
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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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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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The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.
BENJAMIN CARDOZO