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 fully in consciousness. They lie so near the surface, however, that their existence and influence are not likely to be disclaimed. But the subject is not exhausted with the recognition of their power. Deep below consciousness are other forces, the likes and the dislikes, the predilections and the prejudices, the complex of instincts and emotions and habits and convictions, which make the man, whether he be litigant or judge.
More from 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.
Permalink to quote #26 The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.
Permalink to quote #28 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 i…
Permalink to quote #25