Quote #26
The judicial process, as was said at the outset of these lectures, is a process of search and comparison, and little else.
More from Benjamin N. Cardozo
- 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 befor…
- I have spoken of the forces of which judges avowedly avail to shape the form and content of their judgments. Even these forces are seldom f…
- 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 t…
- The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.
- 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 g…
- I sometimes think that we worry ourselves overmuch about the enduring consequences of our errors. They may work a little confusion for a ti…
- My analysis of the judicial process comes then to this, and little more: logic, and history, and custom, and utility, and the accepted stan…
- In our worship of certainty we must distinguish between the sound certainty and the sham, between what is gold and what is tinsel; and then…