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The judicial process is one of compromise, a compromise between paradoxes, between certainty and uncertainty, between the literalism that is the exal… - Benjamin N. Cardozo
" "The judicial process is one of compromise, a compromise between paradoxes, between certainty and uncertainty, between the literalism that is the exaltation of the written word and the nihilism that is destructive of regularity and order.
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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.
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Benjamin Nathan Cardozo
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Benjamin Cardozo
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Our course of advance ... is neither a straight line nor a curve. It is a series of dots and dashes. Progress comes per saltum, by successive compromises between extremes, compromises often … between "positivism and idealism". The notion that a jurist can dispense with any consideration as to what the law ought to be arises from the fiction that the law is a complete and closed system, and that judges and jurists are mere automata to record its will or phonographs to pronounce its provisions.
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