History or custom or social utility or some compelling sense of justice or sometimes perhaps a semi-intuitive apprehension of the pervading spirit of our law must come to the rescue of the anxious judge and tell him where to go.
Interpretation
Judges often rely on a combination of history, tradition, and an inherent understanding of justice to guide their decisions.
This quote emphasizes the complexities judges face when interpreting the law. Cardozo suggests that beyond the written statutes, judges must draw upon various influences, such as historical precedent, societal values, and an intrinsic sense of justice, to navigate their judgments effectively, especially in challenging cases.
In practice
Quoting this during a legal seminar to highlight the philosophical aspects of judgment.
Lawsuits are rare and catastrophic experiences for the vast majority of men, and even when the catastrophe ensues, the controversy relates most often not to the law, but to the facts. In countless litigations, the law Is so clear that judges have no discretion.
The Constitution overrides a statute, but a statute, if consistent with the Constitution, overrides the law of judges. In this sense, judge-made law is secondary and subordinate to the law that is made by legislators.
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.
Law never is, but is always about to be.
The judge is not the knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness.
In law, as in every other branch of knowledge, the truths given by induction tend to form the premises for new deductions. The lawyers and the judges of successive generations do not repeat for themselves the process of verification any more than most of us repeat the demonstrations of the truths of astronomy or physics.
To make someone an icon is to make him an abstraction, and abstractions are incapable of vital communication with living people.
Unhappiness. There are all kinds of unhappy people in the world. I suppose it would be no exaggeration to say that the world is composed entirely of unhappy people. But those people can fight their unhappiness with society fairly and squarly, and society for its part easily understands and sympathizes with such struggles. My unhappiness stemmed entirely from my own vices, and I had no way of fighting anybody.
But theological change happens though selective quoting. Every religious person does it: You quote those verses that resonate with your own religious insights and ignore or reinterpret those that undermine your certainties. Selective quoting isn't just legitimate, but essential: Religions evolve through shifts in selective quoting.
Souls who can recognize God in the most trivial, the most grievous and the most mortifying things that happen to them in their lives, honor everything equally with delight and rejoicing, and welcome with open arms what others dread and avoid.
So the blind will lead the blind, and the deaf shout warnings to one another until their voices are lost.
Abandon all hope, ye who enter here.
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