The difference is no less real because it is of degree.
BENJAMIN CARDOZOThe validity of a tax depends upon its nature, and not upon its name.
More Benjamin Cardozo Quotes
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The validity of a tax depends upon its nature, and not upon its name.
BENJAMIN CARDOZO -
Code is followed by commentary, and commentary by revision, and thus the task is never done.
BENJAMIN CARDOZO -
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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The judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.
BENJAMIN CARDOZO -
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.
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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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Membership in the bar is a privilege burdened with conditions.
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I take judge-made law as one of the existing realities of life.
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Inaction without more is not tantamount to choice.
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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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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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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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There are vogues and fashions in jurisprudence as in literature and art and dress.
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What has once been settled by a precedent will not be unsettled overnight, for certainty and uniformity are gains not lightly sacrificed. Above all is this true when honest men have shaped their conduct on the faith of the pronouncement.
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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.
BENJAMIN CARDOZO