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 CARDOZORest and motion, unrelieved and unchecked, are equally destructive.
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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The final cause of law is the welfare of society.
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I take judge-made law as one of the existing realities of life.
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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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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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Law never is, but is always about to be.
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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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Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
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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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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.
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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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Consequences cannot alter statutes, but may help to fix their meaning.
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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, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
BENJAMIN CARDOZO