Law never is, but is always about to be.
Interpretation
This quote suggests that the law is not static but constantly evolving and subject to interpretation and change.
Benjamin N. Cardozo's quote highlights the dynamic nature of law, implying that law is not an absolute or fixed entity but rather a framework that is continually influenced by new circumstances, interpretations, and societal changes. This reflects the reality that laws often adapt to meet the needs of a changing society, and they are subject to the intellect and decisions of those who interpret and enforce them.
In practice
During a speech on legal reforms, one might use this quote to emphasize the need for adaptability in laws.
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.
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.
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.
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.
By all measures men are the more violent gender.
I believe, if we take habitual drunkards as a class, their heads and their hearts will bear an advantageous comparison with those of any other class. There seems ever to have been a proneness in the brilliant and warm-blooded to fall into this vice.
Not life, but good life, is to be chiefly valued." "It is not living that matters, but living rightly. The unexamined life is not worth living.
Early on, you talk about God because you consider Him to be most important. But later, you realize there are means by which God is known and portrayed.
I say it in the writers' room all the time: My black is not your black. What's terrifying is that, just the same way we've all accepted that normal is white, everybody seems to buy into the idea that there's only one way to be black or one way to be Hispanic. That's as damaging as anything else.
Herein would I live; herein would I die; hereon would I dwell in my thoughts and affections; to the withering and consumption of all the painted beauties of this world, unto the crucifying all things here below, until they become unto me a dead and deformed thing, no way meet for affectionate embraces.
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