Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
BENJAMIN CARDOZOThe final cause of law is the welfare of society.
More Benjamin Cardozo Quotes
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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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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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Inaction without more is not tantamount to choice.
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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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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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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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The difference is no less real because it is of degree.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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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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Opinion has a significance proportioned to the sources that sustain it.
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The risk to be percieved defines the duty to be obeyed.
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The heroic hours of life do not announce their presence by drum and trumpet.
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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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There 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.
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I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZO