I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZOJustice is not to be taken by storm. She is to be wooed by slow advances.
More Benjamin Cardozo Quotes
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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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The final cause of law is the welfare of society.
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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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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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Fraud includes the pretense of knowledge when knowledge there is none.
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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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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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The risk to be percieved defines the duty to be obeyed.
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Rest and motion, unrelieved and unchecked, are equally destructive.
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Membership in the bar is a privilege burdened with conditions.
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We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
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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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Inaction without more is not tantamount to choice.
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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.
BENJAMIN CARDOZO