Code is followed by commentary, and commentary by revision, and thus the task is never done.
BENJAMIN CARDOZOWith 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.
More Benjamin Cardozo Quotes
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Rest and motion, unrelieved and unchecked, are equally destructive.
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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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Law never is, but is always about to be.
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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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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.
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The final cause of law is the welfare of society.
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Consequences cannot alter statutes, but may help to fix their meaning.
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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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The validity of a tax depends upon its nature, and not upon its name.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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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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Method is much, technique is much, but inspiration is even more.
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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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Prophecy, however honest, is generally a poor substitute for experience.
BENJAMIN CARDOZO