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The risk to be percieved defines the duty to be obeyed.

Benjamin Cardozo

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
Law never is, but is always about to be.
BENJAMIN CARDOZO

Always Law never
The difference is no less real because it is of degree.
BENJAMIN CARDOZO

Degrees Differences Real
Membership in the bar is a privilege burdened with conditions.
BENJAMIN CARDOZO

Bars Membership Privilege
Inaction without more is not tantamount to choice.
BENJAMIN CARDOZO

Choices Inaction
Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
BENJAMIN CARDOZO

Expression Form Freedom
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 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.
BENJAMIN CARDOZO

Equality Erosion Liberty
History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
BENJAMIN CARDOZO

Illuminating Past
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.
BENJAMIN CARDOZO

Example Hands Humility
The heroic hours of life do not announce their presence by drum and trumpet.
BENJAMIN CARDOZO

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

Age Constitution Significance
I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZO

Judging Law Reality
No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.
BENJAMIN CARDOZO

Issue Judicial Raise Sysdtem
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.
BENJAMIN CARDOZO

Decision Justice Taken

The risk to be percieved defines the duty to be obeyed.

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The risk to be percieved defines the duty to be obeyed.

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