Fraud includes the pretense of knowledge when knowledge there is none.
BENJAMIN CARDOZONot honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
More Benjamin Cardozo Quotes
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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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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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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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Opinion has a significance proportioned to the sources that sustain it.
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Consequences cannot alter statutes, but may help to fix their meaning.
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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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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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Prophecy, however honest, is generally a poor substitute for experience.
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What has once been settled by a precedent will not be unsettled overnight, for certainty and uniformity are gains not lightly sacrificed. Above all is this true when honest men have shaped their conduct on the faith of the pronouncement.
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Method is much, technique is much, but inspiration is even more.
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I take judge-made law as one of the existing realities of life.
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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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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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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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The risk to be percieved defines the duty to be obeyed.
BENJAMIN CARDOZO