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.
BENJAMIN CARDOZOThe 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.
More Benjamin Cardozo Quotes
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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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The risk to be percieved defines the duty to be obeyed.
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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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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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I take judge-made law as one of the existing realities of life.
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Fraud includes the pretense of knowledge when knowledge there is none.
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Method is much, technique is much, but inspiration is even more.
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Consequences cannot alter statutes, but may help to fix their meaning.
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Every human being of adult years and sound mind has a legal right to determine what shall be done with his own body.
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The heroic hours of life do not announce their presence by drum and trumpet.
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The validity of a tax depends upon its nature, and not upon its name.
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The difference is no less real because it is of degree.
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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.
BENJAMIN CARDOZO