Fraud includes the pretense of knowledge when knowledge there is none.
BENJAMIN CARDOZOThe heroic hours of life do not announce their presence by drum and trumpet.
More Benjamin Cardozo Quotes
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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 great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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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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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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The difference is no less real because it is of degree.
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Rest and motion, unrelieved and unchecked, are equally destructive.
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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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Consequences cannot alter statutes, but may help to fix their meaning.
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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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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 final cause of law is the welfare of society.
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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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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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The validity of a tax depends upon its nature, and not upon its name.
BENJAMIN CARDOZO