The constant assumption runs throughout the law that the natural and spontaneous evolutions of habit fix the limits of right and wrong.
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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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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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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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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I take judge-made law as one of the existing realities of life.
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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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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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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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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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Fraud includes the pretense of knowledge when knowledge there is none.
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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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There are vogues and fashions in jurisprudence as in literature and art and dress.
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It is for ordinary minds, not for psychoanalysts, that our rules of evidence are framed. They have their source very often in considerations of administrative convenience, or practical expediency, and not in rules of logic.
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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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Justice is not to be taken by storm. She is to be wooed by slow advances.
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The validity of a tax depends upon its nature, and not upon its name.
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