Benjamin N. Cardozo: Trending quotes (page 3)

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Benjamin N. Cardozo: 104   quotes 0   likes

“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.”

Benjamin N. Cardozo

Page 17
Other writings, The Growth of the Law (1924)

“The defendant styles herself "a creator of fashions." Her favor helps a sale. Manufacturers of dresses, millinery and like articles are glad to pay for a certificate of her approval. The things which she designs, fabrics, parasols and what not, have a new value in the public mind when issued in her name. She employed the plaintiff to help her to turn this vogue into money.”

Benjamin N. Cardozo

Wood v. Lucy, Lady Duff-Gordon, 222 N.Y. 88, 91; 118 N.E. 214 (N.Y. 1917). This opening paragraph has been debated among legal practitioners, some of whom take its tone to be a sly rebuke by Cardozo of a profession which he considered to have an exaggerated influence.
Judicial opinions

Money , Fashion , Help

“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.”

Benjamin N. Cardozo

"Law and Literature" in Law and Literature and Other Essays and Addresses (1931), p. 9
Other writings

Study , Indifference

“The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.”

Benjamin N. Cardozo

Page 168
Other writings, The Nature of the Judicial Process (1921)

Men

“It is the refutation alike of communism and socialism that they thwart the instinct of expansion; that they substitute for individual energy the energy of the government; that they substitute for human personality the blind, mechanical power of the State. The one system, as the other, marks the end of individualism. The one system, as the other, would make each man the image of his neighbor. The one system, as the other, would hold back the progressive, and, by uniformity of reward, gain uniformity of type.
I can look forward to no blissful prospect for a race of men that, under the dominion of the State, at the cost of all freedom of action, at the cost, indeed, of their own true selves, shall enjoy, if one will, a fair abundance of the material blessings of life. … Into that prison of socialism, with broken enterprise and broken energy, as serfs under the mastery of the State, while human personality is preferred to unreasoning mechanism, mankind must hesitate to step.”

Benjamin N. Cardozo

Other writings, The Altruist in Politics (1889)

Life , Men , Communication , Freedom

“It comes down to this. There are certain forms of conduct which at any given place and epoch are commonly accepted under the combined influence of reason, practice and tradition, as moral or immoral. … Law accepts as the pattern of its justice the morality of the community whose conduct it assumes to regulate. In saying this, we are not to blind ourselves to the truth that uncertainty is far from banished. Morality is not merely different in different communities. Its level is not the same for all the component groups within the same community. A choice must still be made between one group standard and another. We have still to face the problem, at which one of these levels does the social pressure become strong enough to convert the moral norm into a jural one? All that we can say is that the line will be higher than the lowest level of moral principle and practice, and lower than the highest. The law will not hold the crowd to the morality of saints and seers. It will follow, or strive to follow, the principle and practice of the men and women of the community whom the social mind would rank as intelligent and virtuous.”

Benjamin N. Cardozo

Other writings, The Paradoxes of Legal Science (1928)

Women , Men , Truth , Justice

“Method is much, technique is much, but inspiration is even more.”

Benjamin N. Cardozo

"The Game of the Law" In Law and Literature and Other Essays and Addresses (1931), p. 163
Other writings

“I sometimes think that we worry ourselves overmuch about the enduring consequences of our errors. They may work a little confusion for a time. In the end, they will be modified or corrected or their teachings ignored. The future takes care of such things. In the endless process of testing and retesting, there is a constant rejection of the dross, and a constant retention of whatever is pure and sound and fine.”

Benjamin N. Cardozo

Page 179
Other writings, The Nature of the Judicial Process (1921)

Error , Thinking , Time , Future

“It is well enough to say that we shall be consistent, but consistent with what?... The origins of the rule? The course and tendency of development? With logic or philosophy? With the fundamental conceptions of jurisprudence? All these loyalties are possible. All have sometimes prevailed.”

Benjamin N. Cardozo

Page 64
Other writings, The Nature of the Judicial Process (1921)

Loyalty

“Prophecy, however honest, is generally a poor substitute for experience.”

Benjamin N. Cardozo

West Ohio Gas Co. v. Public Utilities Commission (No.2), 294 U.S. 79, 82, (1935)
Judicial opinions

“We like to picture to ourselves the field of law as accurately mapped and plotted. We draw our little lines, and they are hardly down before we blur them. As in time and space, so here. Divisions are working hypotheses, adopted for convenience. … So also the duty of a judge becomes itself a question of degree, and he is a useful judge or a poor one as he estimates the measure accurately or loosely. He must balance all his ingredients, his philosophy, his logic, his analogies, his history, his customs, his sense of right, and all the rest, and adding a little here and taking out a little there, must determine, as wisely as he can, which weight shall tip the scales.”

Benjamin N. Cardozo

Page 161
Other writings, The Nature of the Judicial Process (1921)

Law , History , Question , Sense

“The great generalities of the constitution have a content and a significance that vary from age to age.”

Benjamin N. Cardozo

Page 17
Other writings, The Nature of the Judicial Process (1921)

Age