The difference is no less real because it is of degree.
BENJAMIN CARDOZOThere 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.
More Benjamin Cardozo Quotes
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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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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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The prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.
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The final cause of law is the welfare of society.
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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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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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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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We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
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I take judge-made law as one of the existing realities of life.
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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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Prophecy, however honest, is generally a poor substitute for experience.
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Fraud includes the pretense of knowledge when knowledge there is none.
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Justice is not to be taken by storm. She is to be wooed by slow advances.
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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.
BENJAMIN CARDOZO