If you ask how he is to know when one interest outweighs another, I can only answer that he must get his knowledge just as the legislator gets it, from experience and study and reflection; in brief, from life itself.
More from Benjamin N. Cardozo
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 condu…
Permalink to quote #22 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 rul…
Permalink to quote #24 It is well enough to say that we shall be consistent, but consistent with what? . . . The origins of the rule? The course and tendency of development? With log…
Permalink to quote #21