I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZOLaw never is, but is always about to be.
More Benjamin Cardozo Quotes
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With traps and obstacles and hazards confronting us on every hand, only blindness or indifference will fail to turn in all humility, for guidance or for warning, to the study of examples.
BENJAMIN CARDOZO -
The great generalities of the constitution have a content and a significance that vary from age to age.
BENJAMIN CARDOZO -
Membership in the bar is a privilege burdened with conditions.
BENJAMIN CARDOZO -
The difference is no less real because it is of degree.
BENJAMIN CARDOZO -
No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.
BENJAMIN CARDOZO -
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 CARDOZO -
Fraud includes the pretense of knowledge when knowledge there is none.
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 final cause of law is the welfare of society.
BENJAMIN CARDOZO -
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.
BENJAMIN CARDOZO -
Method is much, technique is much, but inspiration is even more.
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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 -
Every human being of adult years and sound mind has a legal right to determine what shall be done with his own body.
BENJAMIN CARDOZO -
Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
BENJAMIN CARDOZO -
The constant assumption runs throughout the law that the natural and spontaneous evolutions of habit fix the limits of right and wrong.
BENJAMIN CARDOZO