The great generalities of the constitution have a content and a significance that vary from age to age.
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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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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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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The validity of a tax depends upon its nature, and not upon its name.
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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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Law never is, but is always about to be.
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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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Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
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Opinion has a significance proportioned to the sources that sustain it.
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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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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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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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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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The final cause of law is the welfare of society.
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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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There are vogues and fashions in jurisprudence as in literature and art and dress.
BENJAMIN CARDOZO