The great generalities of the constitution have a content and a significance that vary from age to age.
BENJAMIN CARDOZOThe final cause of law is the welfare of society.
More Benjamin Cardozo Quotes
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Rest and motion, unrelieved and unchecked, are equally destructive.
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History or custom or social utility or some compelling sense of justice or sometimes perhaps a semi-intuitive apprehension of the pervading spirit of our law must come to the rescue of the anxious judge and tell him where to go.
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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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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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Method is much, technique is much, but inspiration is even more.
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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 validity of a tax depends upon its nature, and not upon its name.
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The difference is no less real because it is of degree.
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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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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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There are vogues and fashions in jurisprudence as in literature and art and dress.
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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 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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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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The risk to be percieved defines the duty to be obeyed.
BENJAMIN CARDOZO