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Code is followed by commentary, and commentary by revision, and thus the task is never done.

Benjamin Cardozo

The Constitution was framed upon the theory that the peoples of the several states must sink or swim together, and that in the long run prosperity and salvation are in union and not division.
BENJAMIN CARDOZO

Long Running Swim
Inaction without more is not tantamount to choice.
BENJAMIN CARDOZO

Choices Inaction
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.
BENJAMIN CARDOZO

Balance Fairness Justice
The difference is no less real because it is of degree.
BENJAMIN CARDOZO

Degrees Differences Real
The risk to be percieved defines the duty to be obeyed.
BENJAMIN CARDOZO

Duty Obeyed Perceived Risk
Fraud includes the pretense of knowledge when knowledge there is none.
BENJAMIN CARDOZO

Fraud Include Knowledge Pretense
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.
BENJAMIN CARDOZO

Equality Erosion Liberty
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.
BENJAMIN CARDOZO

Example Hands Humility
The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.
BENJAMIN CARDOZO

Judging Men Tides
Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
BENJAMIN CARDOZO

Honesty Honor Sensitive
I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZO

Judging Law Reality
Law never is, but is always about to be.
BENJAMIN CARDOZO

Always Law never
The prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.
BENJAMIN CARDOZO

Eternity Eye Prophet
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 CARDOZO

Confidence Giving Judging Philosophy
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.
BENJAMIN CARDOZO

Gain Honesty Men
Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
BENJAMIN CARDOZO

Danger May Rescue

Code is followed by commentary, and commentary by revision, and thus the task is never done.

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Code is followed by commentary, and commentary by revision, and thus the task is never done.

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Popular Authors

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