Benjamin Cardozo Quotes & Sayings

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

The great generalities of the constitution have a content and a significance that vary from age to age. — Benjamin Cardozo

The risk to be perceived defines the duty to be obeyed. — Benjamin Cardozo

The prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities. — Benjamin Cardozo

Code is followed by commentary, and commentary by revision, and thus the task is never done. — Benjamin Cardozo

Fraud includes the pretense of knowledge when knowledge there is none. — Benjamin Cardozo

Justice, though due to the accused, is due the accuser also. The concept of fairness cannot be strained till it is narrowed to a filament. We are to keep our balance true. — Benjamin Cardozo

Law never is, but is always about to be. — 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. — Benjamin Cardozo

The validity of a tax depends upon its nature, and not upon its name. — Benjamin Cardozo

We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion. — Benjamin Cardozo

History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future. — Benjamin Cardozo

Justice is not to be taken by storm. She is to be wooed by slow advances. — Benjamin Cardozo

The final cause of law is the welfare of society. — Benjamin Cardozo

What has once been settled by a precedent will not be unsettled overnight, for certainty and uniformity are gains not lightly sacrificed. Above all is this true when honest men have shaped their conduct on the faith of the pronouncement. — Benjamin Cardozo

In the end the great truth will have been learned that the quest is greater than what is sought, the effort finer that the prize (or rather, that the effort is the prize), the victory cheap and hollow were it not for the rigor of the game. — Benjamin Cardozo

Rest and motion, unrelieved and unchecked, are equally destructive. — Benjamin Cardozo

Prophecy, however honest, is generally a poor substitute for experience. — Benjamin Cardozo

Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom. — Benjamin Cardozo

Opinion has a significance proportioned to the sources that sustain it. — Benjamin Cardozo

As I search the archives of my memory I seem to discern six types or methods [of judicial writing] which divide themselves from one another with measurable distinctness. 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. — Benjamin Cardozo

Membership in the bar is a privilege burdened with conditions. — Benjamin Cardozo

The Constitution was framed upon the theory that the peoples of the several states must sink or swim together, and that in the long run prosperity and salvation are in union and not division. — Benjamin Cardozo

Method is much, technique is much, but inspiration is even more. — Benjamin Cardozo

I take judge-made law as one of the existing realities of life. — Benjamin Cardozo

Consequences cannot alter statutes, but may help to fix their meaning. — Benjamin Cardozo

Inaction without more is not tantamount to choice. — Benjamin Cardozo

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. — Benjamin Cardozo

It is for ordinary minds, not for psychoanalysts, that our rules of evidence are framed. They have their source very often in considerations of administrative convenience, or practical expediency, and not in rules of logic. — Benjamin Cardozo

The risk to be percieved defines the duty to be obeyed. — Benjamin Cardozo

The repetition of a catchword can hold analysis in fetters for fifty years or more. — Benjamin Cardozo

The heroic hours of life do not announce their presence by drum and trumpet, challenging us to be true to ourselves by appeals to the martial spirit that keeps the blood at heat. Some little, unassuming, unobtrusive choice presents itself before us slyly and craftily, glib and insinuating, in the modest garb of innocence ... Then it is that you will be summoned to show the courage of adventurous youth. — Benjamin Cardozo

Danger invites rescue ... The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had. — Benjamin Cardozo

It is when the colors do not match, when the references in the index fail, when there is no decisive precedent, that the serious business of the judge begins — 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. — Benjamin Cardozo

More truly characteristic of dissent is a dignity, an elevation, of mood and thought and phrase. Deep conviction and warm feeling are saying their last say with knowledge that the cause is lost. The voice of the majority may be that of force triumphant, content with the plaudits of the hour, and recking little of the morrow. The dissenter speaks to the future, and his voice is pitched to a key that will carry through the years. — Benjamin Cardozo

The difference is no less real because it is of degree. — Benjamin Cardozo