Code is followed by commentary, and commentary by revision, and thus the task is never done.
BENJAMIN CARDOZOThe constant assumption runs throughout the law that the natural and spontaneous evolutions of habit fix the limits of right and wrong.
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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I take judge-made law as one of the existing realities of life.
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Fraud includes the pretense of knowledge when knowledge there is none.
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The difference is no less real because it is of degree.
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Method is much, technique is much, but inspiration is even more.
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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.
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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 risk to be percieved defines the duty to be obeyed.
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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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Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
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Justice, 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.
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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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Law never is, but is always about to be.
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In 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.
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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.
BENJAMIN CARDOZO