benjamin cardozo quotes
Wood v. Lucy, Lady Duff-Gordon, 222 N.Y. 88, 91; 118 N.E. So much the worse, it may be, for a particular meeting: but the meeting is the individual, which on evolution principles, must be sacrificed for the development of the race. Benjamin Cardozo. She is to be wooed by slow advances. … 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. More Benjamin N. Cardozo Quotes Justice is not to be taken by storm. Divisions are working hypotheses, adopted for convenience. We draw our little lines, and they are hardly down before we blur them. Benjamin Cardozo. All their lives, forces which they do not recognize and cannot name, have been tugging at them — inherited instincts, traditional beliefs, acquired convictions; and the resultant is an outlook on life, a conception of social needs. He is accountable as if he had.Membership in the bar is a privilege burdened with conditions.The great generalities of the constitution have a content and a significance that vary from age to age.We like to picture to ourselves the field of law as accurately mapped and plotted.
There is the type magisterial or imperative; the type laconic or sententious; the type conversational or homely; the type refined or artificial, smelling of the lamp, verging at times upon preciosity or euphuism; the demonstrative or persuasive; and finally the type tonsorial or agglutinative, so called from the shears and the pastepot which are its implements and emblem.The great ideals of liberty and equality are preserved against the assaults of opportunism, the expediency of the passing hour, the erosion of small encroachments, the scorn and derision of those who have no patience with general principles.I have spoken of the forces of which judges avowedly avail to shape the form and content of their judgments. They may work a little confusion for a time. Above all is this true when honest men have shaped their conduct on the faith of the pronouncement. 214 (N.Y. 1917)Pages 66 http://books.google.com/books?id=LGLuAAAAMAAJ&q=%22We+seek+to+find+peace+of+mind+in+the+word+the%22&pg=PA66#v=onepage – 67 http://books.google.com/books?id=LGLuAAAAMAAJ&q=%22formula+the+ritual+The+hope+is+an+illusion%22&pg=PA67#v=onepage Baldwin v. Seelig http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/seelig.html, 294 U.S. 511, 523, (1935)Pages 66 http://books.google.com/books?id=LGLuAAAAMAAJ&q=%22We+seek+to+find+peace+of+mind+in+the+word+the%22&pg=PA66#v=onepage – 67 http://books.google.com/books?id=LGLuAAAAMAAJ&q=%22formula+the+ritual+The+hope+is+an+illusion%22&pg=PA67#v=onepageOther writings, The Paradoxes of Legal Science (1928)Other writings, The Paradoxes of Legal Science (1928)Lecture at Yale University Law School (1923) as quoted in The American Journal of International Law Vol. 29 (1935), p. 32Berkey v. Third Avenue Railway, 244 N.Y. 84, 94, 155 N.E. The property rights of the individual we are to respect, yet we are not to press them to the point at which they threaten the welfare or the security of the many. Deep below consciousness are other forces, the likes and the dislikes, the predilections and the prejudices, the complex of instincts and emotions and habits and convictions, which make the man, whether he be litigant or judge.Method is much, technique is much, but inspiration is even more.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. Substitute statute for decision, and you shift the center of authority, but add no quota of inspired wisdom.The constant assumption runs throughout the law that the natural and spontaneous evolutions of habit fix the limits of right and wrong.I take judge-made law as one of the existing realities of life.The reconciliation of the irreconcilable, the merger of antitheses, the synthesis of opposites, these are the great problems of the law... We have the claims of stability to be harmonized with those of progress. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his philosophy and vivid prose style.Born in New York City, Cardozo passed the bar in 1891 after attending Columbia Law School. But the subject is not exhausted with the recognition of their power.
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