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.
BENJAMIN CARDOZOThe heroic hours of life do not announce their presence by drum and trumpet.
More Benjamin Cardozo Quotes
-
-
The constant assumption runs throughout the law that the natural and spontaneous evolutions of habit fix the limits of right and wrong.
BENJAMIN CARDOZO -
The final cause of law is the welfare of society.
BENJAMIN CARDOZO -
Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
BENJAMIN CARDOZO -
The great ideals of liberty and equality are preserved against the assaults of opportunism, the expediency of the passing hour, the erosion of small encroachments, the scorn and derision of those who have no patience with general principles.
BENJAMIN CARDOZO -
There are vogues and fashions in jurisprudence as in literature and art and dress.
BENJAMIN CARDOZO -
Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
BENJAMIN CARDOZO -
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.
BENJAMIN CARDOZO -
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.
BENJAMIN CARDOZO -
We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
BENJAMIN CARDOZO -
Consequences cannot alter statutes, but may help to fix their meaning.
BENJAMIN CARDOZO -
The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.
BENJAMIN CARDOZO -
Inaction without more is not tantamount to choice.
BENJAMIN CARDOZO -
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.
BENJAMIN CARDOZO -
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.
BENJAMIN CARDOZO -
No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.
BENJAMIN CARDOZO