Judicial Duty, Part 6 to blupete's Essay
"Judges ought to remember that their office is jus dicere, and not jus dare; to interpret law, and not to make law, or give law." (Francis Bacon.)Not to be a party's advocate.
"Everyone who has a case in court is entitled, we believe, to be represented by a lawyer who, within the law and the code of professional practice, is expected to be the partisan and advocate of his client. But this presupposes not only that his opponent will be effectively represented too, but that the case will go to a court where the judge is not an advocate and has no clients. The judge is bound by his judicial vows."8 (Walter Lippmann.)To expound; but, not to speculate.
"It is the province of the judge to expound the law only - the written from the statute, the unwritten or common law from the decisions of our predecessors of our existing courts - from the text-writers of acknowledged authority, and upon the principles to be clearly deduced from them by sound reason and just inference - not to speculate upon what is the best, in his opinion, for the advantage of the community."9To decide.
"The judge weighs the arguments and puts a brave face on the matter, and since there must be a decision, decides as he can, and hopes he has done justice." (Emerson.)
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[Essays, First Series]
[Essays, Second Series]
[Essays, Third Series]
[Essays, Fourth Series]