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.
Interpretation
This quote emphasizes that learned truths in law and other fields are accepted without re-verification through induction and deduction.
Benjamin N. Cardozo highlights the nature of legal knowledge, asserting that the truths established through inductive reasoning serve as foundational premises for making new deductions. Just as most individuals do not continually verify established scientific truths, lawyers and judges rely on the precedents and established truths of the law, which enables the legal system to function efficiently across generations without redundant verification.
In practice
During a law seminar, a speaker might quote this to describe the reliance on established legal principles.
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.
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.
Knowledge, like air, is vital to life. Like air, no one should be denied it.
When asked, "How do you write?" I invariably answer, "One word at a time," and the answer is invariably dismissed. But that is all it is. It sounds too simple to be true, but consider the Great Wall of China, if you will: one stone at a time, man. That's all. One stone at a time. But I've read you can see that motherfucker from space without a telescope.
Our attitude towards ourselves should be 'to be satiable in learning' and towards others 'to be tireless in teaching.
When the panting and thirsting soul first drinks the delicious waters of truth, when the moral and intellectual tastes and desires first seize the fragrant fruits that flourish in the garden of knowledge, then does the child catch a glimpse and foretaste of heaven.
The colleges, while they provide us with libraries, furnish no professors of books; and I think no chair is so much needed.
There's an art to asking questions. Briefings are valuable but normally communicate primarily what the subordinate leader wants you to know, and often the picture they provide is incomplete.
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