Consequences cannot alter statutes, but may help to fix their meaning.
BENJAMIN CARDOZOI take judge-made law as one of the existing realities of life.
More Benjamin Cardozo Quotes
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Law never is, but is always about to be.
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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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Method is much, technique is much, but inspiration is even more.
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Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.
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The difference is no less real because it is of degree.
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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 great generalities of the constitution have a content and a significance that vary from age to age.
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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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Fraud includes the pretense of knowledge when knowledge there is none.
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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.
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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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The validity of a tax depends upon its nature, and not upon its name.
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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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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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Opinion has a significance proportioned to the sources that sustain it.
BENJAMIN CARDOZO