The constant assumption runs throughout the law that the natural and spontaneous evolutions of habit fix the limits of right and wrong.
BENJAMIN CARDOZOIn 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.
More Benjamin Cardozo Quotes
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Consequences cannot alter statutes, but may help to fix their meaning.
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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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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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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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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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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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The validity of a tax depends upon its nature, and not upon its name.
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Inaction without more is not tantamount to choice.
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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 final cause of law is the welfare of society.
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The difference is no less real because it is of degree.
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Fraud includes the pretense of knowledge when knowledge there is none.
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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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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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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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