The prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.
BENJAMIN CARDOZOThe great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.
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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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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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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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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Prophecy, however honest, is generally a poor substitute for experience.
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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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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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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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Fraud includes the pretense of knowledge when knowledge there is none.
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The difference is no less real because it is of degree.
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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.
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Rest and motion, unrelieved and unchecked, are equally destructive.
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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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The validity of a tax depends upon its nature, and not upon its name.
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I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZO