No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.
BENJAMIN CARDOZOWe seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
More Benjamin Cardozo Quotes
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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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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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The final cause of law is the welfare of society.
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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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I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZO -
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.
BENJAMIN CARDOZO -
The validity of a tax depends upon its nature, and not upon its name.
BENJAMIN CARDOZO -
Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
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Fraud includes the pretense of knowledge when knowledge there is none.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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Law never is, but is always about to be.
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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 CARDOZO -
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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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