The validity of a tax depends upon its nature, and not upon its name.
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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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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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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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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Inaction without more is not tantamount to choice.
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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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The final cause of law is the welfare of society.
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Law never is, but is always about to be.
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Justice is not to be taken by storm. She is to be wooed by slow advances.
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No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.
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The heroic hours of life do not announce their presence by drum and trumpet.
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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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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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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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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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Rest and motion, unrelieved and unchecked, are equally destructive.
BENJAMIN CARDOZO