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 CARDOZOInaction without more is not tantamount to choice.
More Benjamin Cardozo Quotes
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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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Membership in the bar is a privilege burdened with conditions.
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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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Fraud includes the pretense of knowledge when knowledge there is none.
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Justice is not to be taken by storm. She is to be wooed by slow advances.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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The prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.
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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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The final cause of law is the welfare of society.
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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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I take judge-made law as one of the existing realities of life.
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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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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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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
BENJAMIN CARDOZO







