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 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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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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The risk to be percieved defines the duty to be obeyed.
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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.
BENJAMIN CARDOZO -
Rest and motion, unrelieved and unchecked, are equally destructive.
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Consequences cannot alter statutes, but may help to fix their meaning.
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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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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.
BENJAMIN CARDOZO -
Law never is, but is always about to be.
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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.
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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The heroic hours of life do not announce their presence by drum and trumpet.
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Fraud includes the pretense of knowledge when knowledge there is none.
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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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I take judge-made law as one of the existing realities of life.
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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.
BENJAMIN CARDOZO








