Law never is, but is always about to be.
BENJAMIN CARDOZOThe difference is no less real because it is of degree.
More Benjamin Cardozo Quotes
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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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Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
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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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Membership in the bar is a privilege burdened with conditions.
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Method is much, technique is much, but inspiration is even more.
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The final cause of law is the welfare of society.
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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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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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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 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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Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
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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 risk to be percieved defines the duty to be obeyed.
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In the end the great truth will have been learned that the quest is greater than what is sought, the effort finer that the prize (or rather, that the effort is the prize), the victory cheap and hollow were it not for the rigor of the game.
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I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZO