Inaction without more is not tantamount to choice.
BENJAMIN CARDOZOConsequences cannot alter statutes, but may help to fix their meaning.
More Benjamin Cardozo Quotes
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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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Law never is, but is always about to be.
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The risk to be percieved defines the duty to be obeyed.
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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 great generalities of the constitution have a content and a significance that vary from age to age.
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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 final cause of law is the welfare of society.
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I take judge-made law as one of the existing realities of life.
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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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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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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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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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Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
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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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We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
BENJAMIN CARDOZO