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Fraud includes the pretense of knowledge when knowledge there is none.
Benjamin Cardozo
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Benjamin Cardozo
Pretense
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More quotes by Benjamin Cardozo
The validity of a tax depends upon its nature, and not upon its name.
Benjamin Cardozo
No judicial system could do society's work if each issue had to be decided afresh in every case which raised it.
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Justice is not to be taken by storm. She is to be wooed by slow advances. Substitute statute for decision, and you shift the center of authority, but add no quota of inspired wisdom.
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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.
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The prophet and the martyr do not see the hooting throng. Their eyes are fixed on the eternities.
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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.
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We seek to find peace of mind in the word, the formula, the ritual. The hope is illusion.
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Opinion has a significance proportioned to the sources that sustain it.
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The difference is no less real because it is of degree.
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Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
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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.
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Method is much, technique is much, but inspiration is even more.
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The heroic hours of life do not announce their presence by drum and trumpet.
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Every human being of adult years and sound mind has a legal right to determine what shall be done with his own body.
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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.
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Danger invites rescue. ... The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.
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Expediency may tip the scales when arguments are nicely balanced.
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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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The constant assumption runs throughout the law that the natural and spontaneous evolutions of habit fix the limits of right and wrong.
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The judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.
Benjamin Cardozo