It is for ordinary minds, not for psychoanalysts, that our rules of evidence are framed. They have their source very often in considerations of administrative convenience, or practical expediency, and not in rules of logic.
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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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 final cause of law is the welfare of society.
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Consequences cannot alter statutes, but may help to fix their meaning.
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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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I take judge-made law as one of the existing realities of life.
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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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Prophecy, however honest, is generally a poor substitute for experience.
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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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There are vogues and fashions in jurisprudence as in literature and art and dress.
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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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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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Law never is, but is always about to be.
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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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The great generalities of the constitution have a content and a significance that vary from age to age.
BENJAMIN CARDOZO