Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
BENJAMIN CARDOZOThe risk to be percieved defines the duty to be obeyed.
More Benjamin Cardozo Quotes
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I take judge-made law as one of the existing realities of life.
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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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The great generalities of the constitution have a content and a significance that vary from age to age.
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Consequences cannot alter statutes, but may help to fix their meaning.
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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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Rest and motion, unrelieved and unchecked, are equally destructive.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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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 final cause of law is the welfare of society.
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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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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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We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
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Inaction without more is not tantamount to choice.
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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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Justice is not to be taken by storm. She is to be wooed by slow advances.
BENJAMIN CARDOZO