The final cause of law is the welfare of society.
BENJAMIN CARDOZOIn truth, I am nothing but a plodding mediocrity – please observe, a plodding mediocrity – for a mere mediocrity does not go very far, but a plodding one gets quite a distance. There is joy in that success, and a distinction can come from courage, fidelity and industry.
More Benjamin Cardozo Quotes
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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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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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Consequences cannot alter statutes, but may help to fix their meaning.
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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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Rest and motion, unrelieved and unchecked, are equally destructive.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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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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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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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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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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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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The judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.
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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.
BENJAMIN CARDOZO