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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.
Benjamin Cardozo
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Benjamin Cardozo
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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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The repetition of a catchword can hold analysis in fetters for fifty years or more.
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Law never is, but is always about to be.
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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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Opinion has a significance proportioned to the sources that sustain it.
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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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Freedom of expression is the matrix, the indispensable condition, of nearly every other form of freedom.
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The validity of a tax depends upon its nature, and not upon its name.
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The heroic hours of life do not announce their presence by drum and trumpet.
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History, in illuminating the past, illuminates the present, and in illuminating the present, illuminates the future.
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Fraud includes the pretense of knowledge when knowledge there is none.
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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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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.
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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 final cause of law is the welfare of society.
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Method is much, technique is much, but inspiration is even more.
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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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