Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
BENJAMIN CARDOZOFraud includes the pretense of knowledge when knowledge there is none.
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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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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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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We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
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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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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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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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The validity of a tax depends upon its nature, and not upon its name.
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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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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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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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Consequences cannot alter statutes, but may help to fix their meaning.
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I take judge-made law as one of the existing realities of life.
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In 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.
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Rest and motion, unrelieved and unchecked, are equally destructive.
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Law never is, but is always about to be.
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The heroic hours of life do not announce their presence by drum and trumpet.
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Membership in the bar is a privilege burdened with conditions.
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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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Fraud includes the pretense of knowledge when knowledge there is none.
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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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Prophecy, however honest, is generally a poor substitute for experience.
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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 generalities of the constitution have a content and a significance that vary from age to age.
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Justice is not to be taken by storm. She is to be wooed by slow advances.
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Inaction without more is not tantamount to choice.
BENJAMIN CARDOZO