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.
When I was younger, I could do something useful just by being free for half a day, but now I need five days to get the world I've left out of my head and ten days or a fortnight not talking to anyone to hold what I need to hold inside my head.
Nor grandeur hear with a disdainful smile The short and simple annals of the poor.
American cities are like badger holes, ringed with trash--all of them--surrounded by piles of wrecked and rusting automobiles, and almost smothered in rubbish. Everything we use comes in boxes, cartons, bins, the so-called packaging we love so much. The mountain of things we throw away are much greater than the things we use.
There's a graveyard in northern France where all the dead boys from D-Day are buried. The white crosses reach from one horizon to the other. I remember looking it over and thinking it was a forest of graves. But the rows were like this, dizzying, diagonal, perfectly straight, so after all it wasn't a forest but an orchard of graves. Nothing to do with nature, unless you count human nature.
I have great faith in optimism as a guiding principle, if only because it offers us the opportunity of creating a self-fulfilling prophecy.
I realize that I'm black, but I like to be viewed as a person, and this is everybody's wish.
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