No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.
BENJAMIN CARDOZOThe heroic hours of life do not announce their presence by drum and trumpet.
More Benjamin Cardozo Quotes
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The difference is no less real because it is of degree.
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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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The heroic hours of life do not announce their presence by drum and trumpet.
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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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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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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 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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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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There are vogues and fashions in jurisprudence as in literature and art and dress.
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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.
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Law never is, but is always about to be.
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Rest and motion, unrelieved and unchecked, are equally destructive.
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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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Prophecy, however honest, is generally a poor substitute for experience.
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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
BENJAMIN CARDOZO