Fraud includes the pretense of knowledge when knowledge there is none.
BENJAMIN CARDOZOHistory 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.
More Benjamin Cardozo Quotes
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The final cause of law is the welfare of society.
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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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Prophecy, however honest, is generally a poor substitute for experience.
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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 prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.
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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 great generalities of the constitution have a content and a significance that vary from age to age.
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The difference is no less real because it is of degree.
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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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Inaction without more is not tantamount to choice.
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In 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.
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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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We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
BENJAMIN CARDOZO