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 re… - Benjamin N. Cardozo

" "

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.

English
Collect this quote

About Benjamin N. Cardozo

Benjamin Nathan Cardozo (24 May 1870 – 9 July 1938) was a long-time Justice of the Court of Appeals of New York, where his opinions included many declarations that would become famous in legal circles; he was appointed to the Supreme Court of the United States in 1932.

Biography information from Wikiquote

Also Known As

Alternative Names: Benjamin Nathan Cardozo Benjamin Cardozo
PREMIUM FEATURE
Advanced Search Filters

Filter search results by source, date, and more with our premium search tools.

Related quotes. More quotes will automatically load as you scroll down, or you can use the load more buttons.

Additional quotes by 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.

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.

Unlimited Quote Collections

Organize your favorite quotes without limits. Create themed collections for every occasion with Premium.

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.

Loading...