No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.
BENJAMIN CARDOZOJustice, though due to the accused, is due the accuser also. The concept of fairness cannot be strained till it is narrowed to a filament. We are to keep our balance true.
More Benjamin Cardozo Quotes
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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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Rest and motion, unrelieved and unchecked, are equally destructive.
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Fraud includes the pretense of knowledge when knowledge there is none.
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The heroic hours of life do not announce their presence by drum and trumpet.
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Law never is, but is always about to be.
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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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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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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 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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Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
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The final cause of law is the welfare of society.
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Justice is not to be taken by storm. She is to be wooed by slow advances.
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The risk to be percieved defines the duty to be obeyed.
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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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I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZO