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There are vogues and fashions in jurisprudence as in literature and art and dress.

Benjamin Cardozo

Method is much, technique is much, but inspiration is even more.
BENJAMIN CARDOZO

Inspiration Inspirational Technique
The great generalities of the constitution have a content and a significance that vary from age to age.
BENJAMIN CARDOZO

Age Constitution Significance
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.
BENJAMIN CARDOZO

Balance Fairness Justice
The prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.
BENJAMIN CARDOZO

Eternity Eye Prophet
Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
BENJAMIN CARDOZO

Errors Growth Ingredient
I take judge-made law as one of the existing realities of life.
BENJAMIN CARDOZO

Judging Law Reality
Fraud includes the pretense of knowledge when knowledge there is none.
BENJAMIN CARDOZO

Fraud Include Knowledge Pretense
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.
BENJAMIN CARDOZO

Judging Justice Law
The constant assumption runs throughout the law that the natural and spontaneous evolutions of habit fix the limits of right and wrong.
BENJAMIN CARDOZO

Law Limitation Running
The validity of a tax depends upon its nature, and not upon its name.
BENJAMIN CARDOZO

Names Taxes Validity
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 CARDOZO

Games Struggle Truth
No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.
BENJAMIN CARDOZO

Issue Judicial Raise Sysdtem
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.
BENJAMIN CARDOZO

Confidence Giving Judging Philosophy
Justice is not to be taken by storm. She is to be wooed by slow advances.
BENJAMIN CARDOZO

Justice Storm Taken
Law never is, but is always about to be.
BENJAMIN CARDOZO

Always Law never
History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
BENJAMIN CARDOZO

Illuminating Past
There are vogues and fashions in jurisprudence as in literature and art and dress.
BENJAMIN CARDOZO

Art Dresses Fashion
The judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.
BENJAMIN CARDOZO

Judging Knights Roaming
Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
BENJAMIN CARDOZO

Danger May Rescue
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.
BENJAMIN CARDOZO

Distance Doe Joy
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.
BENJAMIN CARDOZO

Justice Mind Ordinary
Rest and motion, unrelieved and unchecked, are equally destructive.
BENJAMIN CARDOZO

Destructive Unchecked Unrelieved
Inaction without more is not tantamount to choice.
BENJAMIN CARDOZO

Choices Inaction
Consequences cannot alter statutes, but may help to fix their meaning.
BENJAMIN CARDOZO

Helping May Statutes
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.
BENJAMIN CARDOZO

Long Running Swim
We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
BENJAMIN CARDOZO

Finding Illusion Mind Peace
Membership in the bar is a privilege burdened with conditions.
BENJAMIN CARDOZO

Bars Membership Privilege

There are vogues and fashions in jurisprudence as in literature and art and dress.

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There are vogues and fashions in jurisprudence as in literature and art and dress.

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Popular Authors

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