What has once been settled by a precedent will not be unsettled overnight, for certainty and uniformity are gains not lightly sacrificed. Above all is this true when honest men have shaped their conduct on the faith of the pronouncement.
BENJAMIN CARDOZOHistory, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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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The final cause of law is the welfare of society.
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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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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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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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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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There are vogues and fashions in jurisprudence as in literature and art and dress.
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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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Every human being of adult years and sound mind has a legal right to determine what shall be done with his own body.
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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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Inaction without more is not tantamount to choice.
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Method is much, technique is much, but inspiration is even more.
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Law never is, but is always about to be.
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The risk to be percieved defines the duty to be obeyed.
BENJAMIN CARDOZO