Fraud includes the pretense of knowledge when knowledge there is none.
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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Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
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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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The judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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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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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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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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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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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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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 heroic hours of life do not announce their presence by drum and trumpet.
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The risk to be percieved defines the duty to be obeyed.
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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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Justice is not to be taken by storm. She is to be wooed by slow advances.
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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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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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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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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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Rest and motion, unrelieved and unchecked, are equally destructive.
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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 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.
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The final cause of law is the welfare of society.
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Consequences cannot alter statutes, but may help to fix their meaning.
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The validity of a tax depends upon its nature, and not upon its name.
BENJAMIN CARDOZO