I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZOConsequences cannot alter statutes, but may help to fix their meaning.
More Benjamin Cardozo Quotes
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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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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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The difference is no less real because it is of degree.
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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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Consequences cannot alter statutes, but may help to fix their meaning.
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Method is much, technique is much, but inspiration is even more.
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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 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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Every human being of adult years and sound mind has a legal right to determine what shall be done with his own body.
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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 risk to be percieved defines the duty to be obeyed.
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Inaction without more is not tantamount to choice.
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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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Justice is not to be taken by storm. She is to be wooed by slow advances.
BENJAMIN CARDOZO