The great generalities of the constitution have a content and a significance that vary from age to age.
BENJAMIN CARDOZOFraud includes the pretense of knowledge when knowledge there is none.
More Benjamin Cardozo Quotes
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Justice is not to be taken by storm. She is to be wooed by slow advances.
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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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Rest and motion, unrelieved and unchecked, are equally destructive.
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Inaction without more is not tantamount to choice.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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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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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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Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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Prophecy, however honest, is generally a poor substitute for experience.
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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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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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We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
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I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZO