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Benjamin Nathan Cardozo war ein US-amerikanischer Jurist, der zuletzt Richter am Obersten Gerichtshof der USA war. Wikipedia  

✵ 24. Mai 1870 – 9. Juli 1938
Benjamin N. Cardozo Foto
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Benjamin N. Cardozo: Zitate auf Englisch

“Inaction without more is not tantamount to choice.”

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Benjamin N. Cardozo

Richard v. Credit Suisse, 242 N.Y. 346, 351 (N.Y. 1926)
Judicial opinions

“There comes not seldom a crisis in the life of men, of nations, and of worlds, when the old forms seem ready to decay, and the old rules of action have lost their binding force. The evils of existing systems obscure the blessings that attend them; and, where reform is needed, the cry is raised for subversion.”

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Benjamin N. Cardozo

Other writings, The Altruist in Politics (1889)

“I was much troubled in spirit, in my first years upon the bench, to find how trackless was the ocean on which I had embarked. I sought for certainty. I was oppressed and disheartened when I found that the quest for it was futile. I was trying to reach land, the solid land of fixed and settled rules, the paradise of a justice that would declare itself by tokens plainer and more commanding than its pale and glimmering reflections in my own vacillating mind and conscience.”

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Benjamin N. Cardozo

Page 165-166.
Other writings, The Nature of the Judicial Process (1921)

“Bills of rights give assurance to the individual of the preservation of his liberty. They do not define the liberty they promise.”

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Benjamin N. Cardozo

Other writings, The Paradoxes of Legal Science (1928)

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

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Benjamin N. Cardozo

Page 163
Other writings, The Nature of the Judicial Process (1921)

“Membership in the bar is a privilege burdened with conditions.”

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Benjamin N. Cardozo

In re Rouss, 221 N.Y. 81, 84 (N.Y. 1917)
Judicial opinions

“Again and again, the altruist has arisen in politics, has bidden us share with others the product of our toil, and has proclaimed the communistic dogma as the panacea for our social ills. So today, amid the buried hopes and buried projects of the past, the doctrine of communism still lives in the minds of men. Under stress of misfortune, or in dread of tyranny, it is still preached in modern times as Plato preached it in the world of the Greeks.
Yet it is indeed doubtful whether, in the history of mankind, a doctrine was ever taught more impracticable or more false to the principles it professes than this very doctrine of communism. In a world where self-interest is avowedly the ruling motive, it seeks to establish at once an all-reaching and all-controlling altruism. In a world where every man is pushing and fighting to outstrip his fellows, it would make him toil with like vigor for their common welfare. In a world where a man's activity is measured by the nearness of reward, it would hold up a prospective recompense as an equal stimulant to labor. … In the future, when the remoteness of his reward shall have weakened the laborer's zeal, we shall be able to judge more fairly of the blessings that the communist offers.”

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Benjamin N. Cardozo

Other writings, The Altruist in Politics (1889)

“Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.”

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Benjamin N. Cardozo

Meinhard v. Salmon, 249 N.Y. 458, 164 N.E. 545 (N.Y. 1928), describing the fiduciary duties inherent in a partnership.
Judicial opinions

“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.”

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Benjamin N. Cardozo

p, 125
Other writings, The Paradoxes of Legal Science (1928)

“Danger invites rescue. … The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.”

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Benjamin N. Cardozo

Wagner v. International Railway Co., 232 N.Y. 13 (N.Y. 1926), setting forth the rescue doctrine which holds negligent parties liable not only for injury to the victim, but to those who attempt to rescue the victim.
Judicial opinions

“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, when certainty is attained, we must remember that it is not the only good; that we can buy it at too high a price; that there is danger in perpetual quiescence as well as in perpetual motion; and that a compromise must be found in a principle of growth.”

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Benjamin N. Cardozo

Page 17
Other writings, The Growth of the Law (1924)

“The defendant styles herself "a creator of fashions." Her favor helps a sale. Manufacturers of dresses, millinery and like articles are glad to pay for a certificate of her approval. The things which she designs, fabrics, parasols and what not, have a new value in the public mind when issued in her name. She employed the plaintiff to help her to turn this vogue into money.”

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Benjamin N. Cardozo

Wood v. Lucy, Lady Duff-Gordon, 222 N.Y. 88, 91; 118 N.E. 214 (N.Y. 1917). This opening paragraph has been debated among legal practitioners, some of whom take its tone to be a sly rebuke by Cardozo of a profession which he considered to have an exaggerated influence.
Judicial opinions

“With traps and obstacles and hazards confronting us on every hand, only blindness or indifference will fail to turn in all humility, for guidance or for warning, to the study of examples.”

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Benjamin N. Cardozo

"Law and Literature" in Law and Literature and Other Essays and Addresses (1931), p. 9
Other writings

“The great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by.”

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Benjamin N. Cardozo

Page 168
Other writings, The Nature of the Judicial Process (1921)

“It is the refutation alike of communism and socialism that they thwart the instinct of expansion; that they substitute for individual energy the energy of the government; that they substitute for human personality the blind, mechanical power of the State. The one system, as the other, marks the end of individualism. The one system, as the other, would make each man the image of his neighbor. The one system, as the other, would hold back the progressive, and, by uniformity of reward, gain uniformity of type.
I can look forward to no blissful prospect for a race of men that, under the dominion of the State, at the cost of all freedom of action, at the cost, indeed, of their own true selves, shall enjoy, if one will, a fair abundance of the material blessings of life. … Into that prison of socialism, with broken enterprise and broken energy, as serfs under the mastery of the State, while human personality is preferred to unreasoning mechanism, mankind must hesitate to step.”

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Benjamin N. Cardozo

Other writings, The Altruist in Politics (1889)

“It comes down to this. There are certain forms of conduct which at any given place and epoch are commonly accepted under the combined influence of reason, practice and tradition, as moral or immoral. … Law accepts as the pattern of its justice the morality of the community whose conduct it assumes to regulate. In saying this, we are not to blind ourselves to the truth that uncertainty is far from banished. Morality is not merely different in different communities. Its level is not the same for all the component groups within the same community. A choice must still be made between one group standard and another. We have still to face the problem, at which one of these levels does the social pressure become strong enough to convert the moral norm into a jural one? All that we can say is that the line will be higher than the lowest level of moral principle and practice, and lower than the highest. The law will not hold the crowd to the morality of saints and seers. It will follow, or strive to follow, the principle and practice of the men and women of the community whom the social mind would rank as intelligent and virtuous.”

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Benjamin N. Cardozo

Other writings, The Paradoxes of Legal Science (1928)

“Method is much, technique is much, but inspiration is even more.”

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Benjamin N. Cardozo

"The Game of the Law" In Law and Literature and Other Essays and Addresses (1931), p. 163
Other writings

“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.”

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Benjamin N. Cardozo

Page 179
Other writings, The Nature of the Judicial Process (1921)

“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 logic or philosophy? With the fundamental conceptions of jurisprudence? All these loyalties are possible. All have sometimes prevailed.”

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Benjamin N. Cardozo

Page 64
Other writings, The Nature of the Judicial Process (1921)

“Prophecy, however honest, is generally a poor substitute for experience.”

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Benjamin N. Cardozo

West Ohio Gas Co. v. Public Utilities Commission (No.2), 294 U.S. 79, 82, (1935)
Judicial opinions

“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.”

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Benjamin N. Cardozo

Page 161
Other writings, The Nature of the Judicial Process (1921)

“The great generalities of the constitution have a content and a significance that vary from age to age.”

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Benjamin N. Cardozo

Page 17
Other writings, The Nature of the Judicial Process (1921)

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