[No More War!, Dodd, Mead & Company, New York, 1962, 209]
1940s-1960s
“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.”
Other writings, The Paradoxes of Legal Science (1928)
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Benjamin N. Cardozo 52
United States federal judge 1870–1938Related quotes
Ten Sermons of Religion (1853), III : Of Justice and the Conscience https://en.wikisource.org/wiki/Ten_Sermons_of_Religion/Of_Justice_and_the_Conscience
Context: Justice is the constitution or fundamental law of the moral universe, the law of right, a rule of conduct for man in all his moral relations. Accordingly all human affairs must be subject to that as the law paramount; what is right agrees therewith and stands, what is wrong conflicts and falls. Private cohesions of self-love, of friendship, or of patriotism, must all be subordinate to this universal gravitation towards the eternal right.
As quoted in German Thought, From The Seven Years' War To Goethe's Death : Six Lectures (1880) by Karl Hillebrand, p. 208
Context: As everybody likes to be honoured, so people imagine that God also wants to be honoured. They forget that the fulfilment of duty towards men is the only honour adequate to him. Thus is formed the conception of a religion of worship, instead of a merely moral religion. … Apart from moral conduct, all that man thinks himself able to do in order to become acceptable to God is mere superstition and religious folly. If once a man has come to the idea of a service which is not purely moral, but is supposed to be agreeable to God himself, or capable of propitiating him, there is little difference between the several ways of serving him. For all these ways are of equal value. … Whether the devotee accomplishes his statutory walk to the church, or whether he undertakes a pilgrimage to the sanctuaries of Loretto and Palestine, whether he repeats his prayer-formulas with his lips, or like the Tibetan, uses a prayer-wheel … is quite indifferent. As the illusion of thinking that a man can justify himself before God in any way by acts of worship is religious superstition, so the illusion that he can obtain this justification by the so-called intercourse with God is religious mysticism (Schwärmerei). Such superstition leads inevitably to sacerdotalism (Pfaffenthum) which will always be found where the essence is sought not in principles of morality, but in statutory commandments, rules of faith and observances.
Veeramani, Collected Works of Periyar, p. 512.
Marriage
Michael J. Sandel, "Moral Argument and Liberal Toleration: Abortion and Homosexuality" (1989)
2009, Nobel Prize acceptance speech (December 2009)
Context: Where force is necessary, we have a moral and strategic interest in binding ourselves to certain rules of conduct. And even as we confront a vicious adversary that abides by no rules, I believe the United States of America must remain a standard bearer in the conduct of war. That is what makes us different from those whom we fight. That is a source of our strength. That is why I prohibited torture. That is why I ordered the prison at Guantanamo Bay closed. And that is why I have reaffirmed America's commitment to abide by the Geneva Conventions. We lose ourselves when we compromise the very ideals that we fight to defend. And we honor — we honor those ideals by upholding them not when it's easy, but when it is hard.
“Suspending moral judgment is not the immorality of the novel; it is its morality.”
Testaments Betrayed (1995), p. 7
Context: Suspending moral judgment is not the immorality of the novel; it is its morality. The morality that stands against the ineradicable human habit of judging instantly, ceaselessly, and everyone; of judging before, and in the absence of, understanding. From the viewpoint of the novel’s wisdom, that fervid readiness to judge is the most detestable stupidity, the most pernicious evil.
War (1816)
Context: The influence of war on the community at large, on its prosperity, its morals, and its political institutions, though less striking than on the soldiery, is yet baleful. How often is a community impoverished to sustain a war in which it has no interest?
Section 9 : Ethical Outlook
Founding Address (1876), Life and Destiny (1913)
Context: Theologians often say that faith must come first, and that morality must be deduced from faith. We say that morality must come first, and faith, to those whose nature fits them to entertain it, will come out of the experience of a deepened moral life as its richest, choicest fruit.
Precisely because moral culture is the aim, we cannot be content merely to lift the mass of mankind above the grosser forms of evil. We must try to advance the cause of humanity by developing in ourselves, as well as in others, a higher type of manhood and womanhood than the past has known.
To aid in the evolution of a new conscience, to inject living streams of moral force into the dry veins of materialistic communities is our aim.
We seek to come into touch with the ultimate power in things, the ultimate peace in things, which yet, in any literal sense, we know well that we cannot know. We seek to become morally certain — that is, certain for moral purposes — of what is beyond the reach of demonstration. But our moral optimism must include the darkest facts that pessimism can point to, include them and transcend them.