Benjamin N. Cardozo - Process Quotes

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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

Due process is a growth too sturdy to succumb to the infection of the least ingredient of error.

Benjamin N. Cardozo

I sometimes think that we worry ourselves overmuch about the enduring consequences of our errors. They may work a little confusion for a time. In the end, they will be modified or corrected or their teachings ignored. The future takes care of such things. In the endless process of testing and retesting, there is a constant rejection of the dross, and a constant retention of whatever is pure and sound and fine.

Benjamin N. Cardozo

The judicial process, as was said at the outset of these lectures, is a process of search and comparison, and little else.

Benjamin N. Cardozo