I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZOThe final cause of law is the welfare of society.
More Benjamin Cardozo Quotes
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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The final cause of law is the welfare of society.
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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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The difference is no less real because it is of degree.
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Law never is, but is always about to be.
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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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The validity of a tax depends upon its nature, and not upon its name.
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Rest and motion, unrelieved and unchecked, are equally destructive.
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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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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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Inaction without more is not tantamount to choice.
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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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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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The heroic hours of life do not announce their presence by drum and trumpet.
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We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
BENJAMIN CARDOZO