Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
It is true also that in most states now the people have taken to
themselves directly the task of selecting men suitable for judges
instead of entrusting that important duty to the governor or
legislature, as was the practice in the early days of the republic.
I cannot think this has tended to secure better judges, though it may
have secured judges more subservient to majorities. Effectually to
guard the constitutional and legal rights of all alike, the judges
should possess what is called the legal mind and the judicial
temperament. They should be able and learned that they may appreciate
the real meaning, purpose, and scope of the constitution and statutes;
calm and equable in temperament that they may not be influenced by
sympathy, prejudice, or other emotions; strong and courageous in
character that they may resist all pressure other than fair argument.
To find the men possessing these qualities requires extensive and
protracted inquiry and patient consideration, such as are not and
cannot be exercised by the people directly. The task should be deputed
in the first instance to the head of the state, the chief executive.
He has the best means of ascertaining who possesses the requisite
qualifications in the greatest degree. He would feel that he alone was
responsible for a proper selection, and that feeling of responsibility
would tend to make him deliberate and painstaking in his choice. On
the other hand, if the original selection be entrusted to the
legislature or left with the people acting directly, individual
members would have a much lower sense of personal responsibility and
the individual members of the electorate scarcely any at all. True, in
those states where the judges are elected by the people directly,
excellent judges are often and perhaps ordinarily chosen, but I think
I state a truth in stating that upon the whole those courts composed
of judges with a long tenure and appointed by the executive stand
higher in public estimation and their opinions have greater weight.
Such courts are certainly a greater protection to those guilty of no
wrong, but who have been so unfortunate as to incur the displeasure of
an excited community.
Public-domain text, read in full here on John Shaqi.
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