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.
BENJAMIN CARDOZOOpinion has a significance proportioned to the sources that sustain it.
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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Opinion has a significance proportioned to the sources that sustain it.
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Justice is not to be taken by storm. She is to be wooed by slow advances.
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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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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 difference is no less real because it is of degree.
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The final cause of law is the welfare of society.
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Inaction without more is not tantamount to choice.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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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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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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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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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.
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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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The validity of a tax depends upon its nature, and not upon its name.
BENJAMIN CARDOZO