The difference is no less real because it is of degree.
BENJAMIN CARDOZOCode is followed by commentary, and commentary by revision, and thus the task is never done.
More Benjamin Cardozo Quotes
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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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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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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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The prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.
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I take judge-made law as one of the existing realities of life.
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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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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 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.
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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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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
BENJAMIN CARDOZO -
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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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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We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
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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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Method is much, technique is much, but inspiration is even more.
BENJAMIN CARDOZO