Benjamin N. Cardozo Quotes
Obedience to the law is itself a moral duty.
Benjamin N. Cardozo, 1870-1938, Supreme Court Justice, People v. Schmidt, 1909
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Note that the two do NOT ALWAYS coincide. There are those who argue that law should be respected, right or wrong. There are also those who argue that law should be respected, only when it is in the right. Note also that “respect” and “obedience” are two different things. Some people argue that law and the courts and government must have respect. Others that they are only due obedience but not necessarily respect when they are in the wrong. Still others, like Thoreau, that obedience even is not required when the law is wrong. There are those who take this to the degree that obedience to a “wrong” law is wrong and there is a DUTY to disobey a wrong law. However, a more nuanced view does not treat all laws as the same importance. I may think a particular tax is unjust and wrong, but obedience does not necessarily have moral consequences. A law that says that people with a certain religion must not be hired, however, is sufficiently immoral that I am obliged to disobey it.
At the time many of the powerful and influential upper class felt that some of the laws did not necessarily apply to them or their corporations. They bribed legislators to change laws when they were inconvenient to ignore. Roosevelt was the first President to take them on.
Benjamin Nathan Cardozo was an American jurist who served on the New York Court of Appeals and later as an Associate Justice of the Supreme Court. Cardozo is remembered for his significant influence on the development of American common law in the 20th century, in addition to his philosophy and vivid prose style. Cardozo served on the Supreme Court six years, from 1932 until his death in 1938. Many of his landmark decisions were delivered during his eighteen-year tenure on the New York Court of Appeals, the highest court of that state.
