Code is followed by commentary, and commentary by revision, and thus the task is never done.
BENJAMIN CARDOZOEvery human being of adult years and sound mind has a legal right to determine what shall be done with his own body.
More Benjamin Cardozo Quotes
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Consequences cannot alter statutes, but may help to fix their meaning.
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Law never is, but is always about to be.
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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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Prophecy, however honest, is generally a poor substitute for experience.
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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 validity of a tax depends upon its nature, and not upon its name.
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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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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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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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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 great generalities of the constitution have a content and a significance that vary from age to age.
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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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Rest and motion, unrelieved and unchecked, are equally destructive.
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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
BENJAMIN CARDOZO