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

Benjamin Cardozo

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
The validity of a tax depends upon its nature, and not upon its name.
BENJAMIN CARDOZO

Names Taxes Validity
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.
BENJAMIN CARDOZO

Distance Doe Joy
Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
BENJAMIN CARDOZO

Errors Growth Ingredient
Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
BENJAMIN CARDOZO

Expression Form Freedom
The heroic hours of life do not announce their presence by drum and trumpet.
BENJAMIN CARDOZO

Heroic Hours Trumpet
The great generalities of the constitution have a content and a significance that vary from age to age.
BENJAMIN CARDOZO

Age Constitution Significance
Code is followed by commentary, and commentary by revision, and thus the task is never done.
BENJAMIN CARDOZO

Done Revision Tasks
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
Fraud includes the pretense of knowledge when knowledge there is none.
BENJAMIN CARDOZO

Fraud Include Knowledge Pretense
Rest and motion, unrelieved and unchecked, are equally destructive.
BENJAMIN CARDOZO

Destructive Unchecked Unrelieved
In the end the great truth will have been learned that the quest is greater than what is sought, the effort finer that the prize (or rather, that the effort is the prize), the victory cheap and hollow were it not for the rigor of the game.
BENJAMIN CARDOZO

Games Struggle Truth
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
The difference is no less real because it is of degree.
BENJAMIN CARDOZO

Degrees Differences Real
History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
BENJAMIN CARDOZO

Illuminating Past
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.
BENJAMIN CARDOZO

Judging Justice Law

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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