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Report No. 95

3.27. Discretion disciplined by system.-

No one has expressed the limitations of the judicial role more beautifully than Justice Cardozo who, after acknowledging that "the. great tides and currents which engulf the rest of men, do not turn aside in their course, and pass the judges idly by," wisely explained that a judge, "is not to innovate at pleasure. He is not a knight-errant, roaming at will in pursuit of his own ideal of beauty or of goodness. He is to draw his inspiration from consecrated principles. He is not to yield to spasmodic sentiment, to vague and unregulated benevolence. He is to exercise a discretion informed by tradition, methodized by analogy disciplined by system, and subordinated to 'the primordial necessity of order in the social life'."



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