No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.
BENJAMIN CARDOZOInaction without more is not tantamount to choice.
More Benjamin Cardozo Quotes
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Prophecy, however honest, is generally a poor substitute for experience.
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Method is much, technique is much, but inspiration is even more.
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Fraud includes the pretense of knowledge when knowledge there is none.
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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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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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Consequences cannot alter statutes, but may help to fix their meaning.
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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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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 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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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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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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Rest and motion, unrelieved and unchecked, are equally destructive.
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I take judge-made law as one of the existing realities of life.
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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.
BENJAMIN CARDOZO