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.
BENJAMIN CARDOZOThere are vogues and fashions in jurisprudence as in literature and art and dress.
More Benjamin Cardozo Quotes
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Justice is not to be taken by storm. She is to be wooed by slow advances.
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The final cause of law is the welfare of society.
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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 great generalities of the constitution have a content and a significance that vary from age to age.
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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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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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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 judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.
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The risk to be percieved defines the duty to be obeyed.
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Rest and motion, unrelieved and unchecked, are equally destructive.
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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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I take judge-made law as one of the existing realities of life.
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Opinion has a significance proportioned to the sources that sustain it.
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Code is followed by commentary, and commentary by revision, and thus the task is never done.
BENJAMIN CARDOZO