Authors
Topics
Lists
Pictures
Resources
More about Benjamin N. Cardozo
Benjamin N. Cardozo -
Law
Quotes
11 Sourced Quotes
View all Benjamin N. Cardozo Quotes
Source
Report...
The state in commissioning its judges has commanded them to judge, but neither in constitution nor in statute has it formulated a code to define the manner of their judging. The pressure of society invests new forms of conduct in the minds of the multitude with the sanction of moral obligation, and the same pressure working upon the mind of the judge invests them finally through his action with the sanction of the law.
Benjamin N. Cardozo
Source
Report...
My analysis of the judicial process comes then to this, and little more: logic, and history, and custom, and utility, and the accepted standards of right conduct, are the forces which singly or in combination shape the progress of the law. Which of these forces dominate depends largely upon the comparative importance or value of the social interests that will be thereby promoted or impaired. … The most fundamental social interest is that law shall be uniform and impartial. … Uniformity ceases to be a good when it becomes uniformity of oppression.
Benjamin N. Cardozo
Source
Report...
I do not underrate the yearning for mechanical and formal tests. They are possible and useful in zones upon the legal sphere. The pain of choosing is the pain of marking off such zones from others. It is a pain we must endure, for uniformity of method will carry us upon the rocks. The curse of this fluidity, of an ever shifting approximation, is one the law must bear, or other curses yet more dreadful will be invited in exchange.
Benjamin N. Cardozo
Source
Report...
I am ready to concede that the rule of adherence to precedent, though it ought not to be abandoned, ought to be in some degree relaxed. I think that when a rule, after it has been duly tested by experience, has been found to be inconsistent with the sense of justice or with the social welfare, there should be less hesitation in frank avowal and full abandonment. … That court best serves the law which recognizes that the rules of law which grew up in a remote generation may, in the fullness of experience, be found to serve another generation badly, and which discards the old rule when it finds that another rule of law represents what should be according to the established and settled judgment of society.
Benjamin N. Cardozo
Source
Report...
The whole problem of the relation between parent and subsidiary corporations is one that is still enveloped in the mists of metaphor. Metaphors in law are to be narrowly watched, for starting as devices to liberate thought, they end often by enslaving it. We say at times that the corporate entity will be ignored when the parent corporation operates a business through a subsidiary which is characterized as an 'alias' or a 'dummy.'... Dominion may be so complete, interference so obtrusive, that by the general rules of agency the parent will be a principal and the subsidiary an agent.
Benjamin N. Cardozo
Source
Report...
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. We are to reconcile liberty with equality, and both of them with order. 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. We must preserve to justice its universal quality, and yet leave to it the capacity to be individual and particular.
Benjamin N. Cardozo
Source
Report...
We like to picture to ourselves the field of law as accurately mapped and plotted. We draw our little lines, and they are hardly down before we blur them. As in time and space, so here. Divisions are working hypotheses, adopted for convenience. … 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. He must balance all his ingredients, his philosophy, his logic, his analogies, his history, his customs, his sense of right, and all the rest, and adding a little here and taking out a little there, must determine, as wisely as he can, which weight shall tip the scales.
Benjamin N. Cardozo
Source
Report...
I take judge-made law as one of the existing realities of life.
Benjamin N. Cardozo
Source
Report...
The law has outgrown its primitive stage of formalism when the precise word was the sovereign talisman, and every slip was fatal. It takes a broader view today. A promise may be lacking, and yet the whole writing may be "instinct with an obligation," imperfectly expressed. If that is so, there is a contract.
Benjamin N. Cardozo
Source
Report...
Law, like other branches of social science, must be satisfied to test the validity of its conclusions by the logic of probabilities rather than the logic of certainty.
Benjamin N. Cardozo
Source
Report...
The constant assumption runs throughout the law that the natural and spontaneous evolutions of habit fix the limits of right and wrong.
Benjamin N. Cardozo
Quote of the day
Policemen so cherish their status as keepers of the peace and protectors of the public that they have occasionally been known to beat to death those citizens or groups who question that status.
David Mamet
Benjamin N. Cardozo
Creative Commons
Born:
May 24, 1870
Died:
July 9, 1938
(aged 68)
More about Benjamin N. Cardozo...
Featured Authors
Lists
Predictions that didn't happen
If it's on the Internet it must be true
Remarkable Last Words (or Near-Last Words)
Picture Quotes
Confucius
Philip James Bailey
Eleanor Roosevelt
Letitia Elizabeth Landon
Popular Topics
life
love
nature
time
god
power
human
mind
work
art
heart
thought
men
day
×
Lib Quotes