Consequences cannot alter statutes, but may help to fix their meaning.
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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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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We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
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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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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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Inaction without more is not tantamount to choice.
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Law never is, but is always about to be.
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Fraud includes the pretense of knowledge when knowledge there is none.
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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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The risk to be percieved defines the duty to be obeyed.
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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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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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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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Membership in the bar is a privilege burdened with conditions.
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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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Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
BENJAMIN CARDOZO