The risk to be percieved defines the duty to be obeyed.
BENJAMIN CARDOZOThe difference is no less real because it is of degree.
More Benjamin Cardozo Quotes
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Opinion has a significance proportioned to the sources that sustain it.
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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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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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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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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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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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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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There are vogues and fashions in jurisprudence as in literature and art and dress.
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I take judge-made law as one of the existing realities of life.
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The heroic hours of life do not announce their presence by drum and trumpet.
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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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Law never is, but is always about to be.
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Method is much, technique is much, but inspiration is even more.
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The validity of a tax depends upon its nature, and not upon its name.
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The difference is no less real because it is of degree.
BENJAMIN CARDOZO