“The judicial process, as was said at the outset of these lectures, is a process of search and comparison, and little else.”

Page 163
Other writings, The Nature of the Judicial Process (1921)

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "The judicial process, as was said at the outset of these lectures, is a process of search and comparison, and little el…" by Benjamin N. Cardozo?
Benjamin N. Cardozo photo
Benjamin N. Cardozo 52
United States federal judge 1870–1938

Related quotes

Jiddu Krishnamurti photo

“You are actually what you are and to understand what you are, this process of comparison must come to an end.”

Jiddu Krishnamurti (1895–1986) Indian spiritual philosopher

Talks & Dialogues, Saanen (9 July1967) http://www.jkrishnamurti.com/krishnamurti-teachings/view-text.php?tid=41&chid=1, p. 86
1960s
Context: Throughout life, from childhood, from school until we die, we are taught to compare ourselves with another; yet when I compare myself with another I am destroying myself. In a school, in an ordinary school where there are a lot of boys, when one boy is compared with another who is very clever, who is the head of the class, what is actually taking place? You are destroying the boy. That’s what we are doing throughout life. Now, can I live without comparison — without comparison with anybody? This means there is no high, no low — there is not the one who is superior and the other who is inferior. You are actually what you are and to understand what you are, this process of comparison must come to an end. If I am always comparing myself with some saint or some teacher, some businessman, writer, poet, and all the rest, what has happened to me — what have I done? I only compare in order to gain, in order to achieve, in order to become — but when I don’t compare I am beginning to understand what I am. Beginning to understand what I am is far more fascinating, far more interesting; it goes beyond all this stupid comparison.

Jane Welsh Carlyle photo

“The triumphal-procession-air which, in our manners and customs, is given to marriage at the outset — that singing of Te Deum before the battle has begun.”

Jane Welsh Carlyle (1801–1866) Scottish writer

Letter to Miss Barnes http://digital.library.upenn.edu/women/carlyle/jwclam/lam301.html#LM3-207 (24 August 1859).

Alex Kozinski photo

“Appellate review is not a magic wand and we undermine public confidence in the judicial process when we make it look like it is.”

Alex Kozinski (1950) American judge

Concluding words of dissent from a denial of rehearing en banc in United States v. Ziegler http://scholar.google.com/scholar_case?case=995042337184945695, 2007.

Mortimer J. Adler photo

“A lecture has been well described as the process whereby the notes of the teacher become the notes of the student without passing through the mind of either.”

Mortimer J. Adler (1902–2001) American philosopher and educator

Source: How to Read a Book: The Classic Bestselling Guide to Reading Books and Accessing Information

Victor Frederick Weisskopf photo

“It is possible to apply statistical methods to the calculation of nuclear processes provided that the energies involved are large in comparison with the lowest excitation energies of nuclei.”

Victor Frederick Weisskopf (1908–2002) Austrian-born American theoretical physicist

[V. Weisskopf, Statistics and nuclear reactions, Physical Review, 52, 4, 1937, 295–303, https://journals.aps.org/pr/abstract/10.1103/PhysRev.52.295]

Kevin D. Williamson photo
Salma Hayek photo

“The difference is very easy to understand. If you enjoy the process, it's your dream. … If you are enduring the process, just desperate for the result, it's somebody else's dream.”

Salma Hayek (1966) Mexican-American actress and producer

O interview (2003)
Context: I wanted to have a voice, and it was okay if I wasn't going to be so famous or so rich. And this the one thing I learned: How do you recognize what's your true dream and what is the dream that you are dreaming for other people to love you? … The difference is very easy to understand. If you enjoy the process, it's your dream. … If you are enduring the process, just desperate for the result, it's somebody else's dream.

Louis Brandeis photo

“The court bows to the lessons of experience and the force of better reasoning, recognizing that the process of trial and error, so fruitful in the physical sciences, is appropriate also in the judicial function.”

Louis Brandeis (1856–1941) American Supreme Court Justice

Dissent, Burnet v. Coronado Oil & Gas Co., 285 U.S. 393 (1932).
Judicial opinions
Context: Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right... This is commonly true even where the error is a matter of serious concern, provided correction can be had by legislation. But in cases involving the Federal Constitution, where correction through legislative action is practically impossible, this court has often overruled its earlier decisions. The court bows to the lessons of experience and the force of better reasoning, recognizing that the process of trial and error, so fruitful in the physical sciences, is appropriate also in the judicial function.

John Holt (Lord Chief Justice) photo

Related topics