Opinion has a significance proportioned to the sources that sustain it.
“Opinion has a significance proportioned to the sources that sustain it.” Benjamin Cardozo
The prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.
“The prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.” Benjamin Cardozo
The difference is no less real because it is of degree.
“The difference is no less real because it is of degree.” Benjamin Cardozo
Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
“Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.” Benjamin Cardozo
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.
“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 … Read More
The constant assumption runs throughout the law that the natural and spontaneous evolutions of habit fix the limits of right and wrong.
“The constant assumption runs throughout the law that the natural and spontaneous evolutions of habit fix the limits of right and wrong.” Benjamin Cardozo
There are vogues and fashions in jurisprudence as in literature and art and dress.
“There are vogues and fashions in jurisprudence as in literature and art and dress.” Benjamin Cardozo
In our worship of certainty we must distinguish between the sound certainty and the sham, between what is gold and what is tinsel; and then, when certainty is attained, we must remember that it is not the only good; that we can buy it at too high a price; that there is danger in perpetual quiescence as well as in perpetual motion; and that a compromise must be found in a principle of growth.
“In our worship of certainty we must distinguish between the sound certainty and the sham, between what is gold and what is tinsel; and then, … Read More
Rest and motion, unrelieved and unchecked, are equally destructive.
“Rest and motion, unrelieved and unchecked, are equally destructive.” Benjamin Cardozo
With traps and obstacles and hazards confronting us on every hand, only blindness or indifference will fail to turn in all humility, for guidance or for warning, to the study of examples.
“With traps and obstacles and hazards confronting us on every hand, only blindness or indifference will fail to turn in all humility, for guidance or … Read More
Membership in the bar is a privilege burdened with conditions.
“Membership in the bar is a privilege burdened with conditions.” Benjamin Cardozo
Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
“Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.” Benjamin Cardozo
We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
“We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.” Benjamin Cardozo
I take judge-made law as one of the existing realities of life.
“I take judge-made law as one of the existing realities of life.” Benjamin Cardozo
No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.
“No judicial system could do society’s work if each issue had to be decided afresh in every case which raised it.” Benjamin Cardozo
The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.
“The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.” Benjamin … Read More
Prophecy, however honest, is generally a poor substitute for experience.
“Prophecy, however honest, is generally a poor substitute for experience.” Benjamin Cardozo
Expediency may tip the scales when arguments are nicely balanced.
“Expediency may tip the scales when arguments are nicely balanced.” Benjamin Cardozo
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.
“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 … Read More
The risk to be percieved defines the duty to be obeyed.
“The risk to be percieved defines the duty to be obeyed.” Benjamin Cardozo