Method is much, technique is much, but inspiration is even more.
BENJAMIN CARDOZOJustice 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.
More Benjamin Cardozo Quotes
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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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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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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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Consequences cannot alter statutes, but may help to fix their meaning.
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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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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 final cause of law is the welfare of society.
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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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The risk to be percieved defines the duty to be obeyed.
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We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
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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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Code is followed by commentary, and commentary by revision, and thus the task is never done.
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Prophecy, however honest, is generally a poor substitute for experience.
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Justice is not to be taken by storm. She is to be wooed by slow advances.
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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
BENJAMIN CARDOZO