The validity of a tax depends upon its nature, and not upon its name.
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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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 final cause of law is the welfare of society.
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The difference is no less real because it is of degree.
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Prophecy, however honest, is generally a poor substitute for experience.
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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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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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Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
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The risk to be percieved defines the duty to be obeyed.
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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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Justice is not to be taken by storm. She is to be wooed by slow advances.
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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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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 prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.
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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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Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
BENJAMIN CARDOZO