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 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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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 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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Consequences cannot alter statutes, but may help to fix their meaning.
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Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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Membership in the bar is a privilege burdened with conditions.
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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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Inaction without more is not tantamount to choice.
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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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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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The heroic hours of life do not announce their presence by drum and trumpet.
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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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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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I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZO