We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
BENJAMIN CARDOZOConsequences cannot alter statutes, but may help to fix their meaning.
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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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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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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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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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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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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Consequences cannot alter statutes, but may help to fix their meaning.
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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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Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
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Opinion has a significance proportioned to the sources that sustain it.
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The difference is no less real because it is of degree.
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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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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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There are vogues and fashions in jurisprudence as in literature and art and dress.
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