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.
BENJAMIN CARDOZOIt 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.
More Benjamin Cardozo Quotes
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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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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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Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
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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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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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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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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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The great generalities of the constitution have a content and a significance that vary from age to age.
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Fraud includes the pretense of knowledge when knowledge there is none.
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Rest and motion, unrelieved and unchecked, are equally destructive.
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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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Justice is not to be taken by storm. She is to be wooed by slow advances.
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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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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.
BENJAMIN CARDOZO