We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
BENJAMIN CARDOZOThe difference is no less real because it is of degree.
More Benjamin Cardozo Quotes
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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.
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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 are vogues and fashions in jurisprudence as in literature and art and dress.
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In truth, I am nothing but a plodding mediocrity – please observe, a plodding mediocrity – for a mere mediocrity does not go very far, but a plodding one gets quite a distance. There is joy in that success, and a distinction can come from courage, fidelity and industry.
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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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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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Prophecy, however honest, is generally a poor substitute for experience.
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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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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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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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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.
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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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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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Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
BENJAMIN CARDOZO