I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZOFreedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
More Benjamin Cardozo Quotes
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Opinion has a significance proportioned to the sources that sustain it.
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The heroic hours of life do not announce their presence by drum and trumpet.
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The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.
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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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The prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.
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The risk to be percieved defines the duty to be obeyed.
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Method is much, technique is much, but inspiration is even more.
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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.
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Fraud includes the pretense of knowledge when knowledge there is none.
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Every human being of adult years and sound mind has a legal right to determine what shall be done with his own body.
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Membership in the bar is a privilege burdened with conditions.
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The difference is no less real because it is of degree.
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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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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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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.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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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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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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Law never is, but is always about to be.
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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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No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.
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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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Inaction without more is not tantamount to choice.
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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.
BENJAMIN CARDOZO