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.
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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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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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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Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
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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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Inaction without more is not tantamount to choice.
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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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The validity of a tax depends upon its nature, and not upon its name.
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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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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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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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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.
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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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The difference is no less real because it is of degree.
BENJAMIN CARDOZO