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Benjamin N. Cardozo

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There is in each of us a stream of tendency, whether you choose to call it philosophy or not, which gives coherence and direction to thought and action. Judges cannot escape that current any more than other mortals. All their lives, forces which they do not recognize and cannot name, have been tugging at them — inherited instincts, traditional beliefs, acquired convictions; and the resultant is an outlook on life, a conception of social needs. ... In this mental background every problem finds it setting. We may try to see things as objectively as we please. None the less, we can never see them with any eyes except our own.
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Pages 12-13.

 
Benjamin N. Cardozo

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Awakening of Western thought will not be complete until that thought steps outside itself and comes to an understanding with the search for a world-view as this manifests itself in the thought of mankind as a whole. We have too long been occupied with the developing series of our own philosophical systems, and have taken no notice of the fact that there is a world-philosophy of which our Western philosophy is only a part. If, however, one conceives philosophy as being a struggle to reach a view of the world as a whole, and seeks out the elementary convictions which are to deepen it and give it a sure foundation, one cannot avoid setting our own thought face to face with that of the Hindus, and of the Chinese in the Far East. ... Our Western philosophy, if judged by its own latest pronouncements, is much naiver than we admit to ourselves, and we fail to perceive this only because we have acquired the art of expressing what is simple in a pedantic way.

 
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It is not possible to enter into the nature of the Good by standing aloof from it — by merely speculating upon it. Act the Good, and you will believe in it. Throw yourself into the stream of the world's good tendency and you will feel the force of the current and the direction in which it is setting. The conviction that the world is moving toward great ends of progress will come surely to him who is himself engaged in the work of progress.
By ceaseless efforts to live the good life we maintain our moral sanity. Not from without, but from within, flow the divine waters that renew the soul.

 
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I sat there for a long time, and thought about a lot of things. Foremost among them was the suspicion that my strange and ungovernable instincts might do me in before I had a chance to get rich. No matter how much I wanted those things that I needed money to buy, there was some devilish current pushing me off in another direction- toward anarchy poverty and craziness. That maddening delusion that a man can lead a decent life without hiring himself out as a Judas goat.

 
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I have spoken of the forces of which judges avowedly avail to shape the form and content of their judgments. Even these forces are seldom fully in consciousness. They lie so near the surface, however, that their existence and influence are not likely to be disclaimed. But the subject is not exhausted with the recognition of their power. Deep below consciousness are other forces, the likes and the dislikes, the predilections and the prejudices, the complex of instincts and emotions and habits and convictions, which make the man, whether he be litigant or judge.

 
Benjamin N. Cardozo
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