Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the StateJanet, Paul
Philosophy
Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the State
Janet, Paul
Ethics
3. The spirit of _conciliation_ and the spirit of _discipline_.--Political
liberty, more than any other political principle, requires the spirit of
concession. If each, indeed, fortifies himself in his own opinions,
without ever making a concession, all having the right to do the same, it
is evident that no common conclusion can be arrived at. The consequence of
the _liberum veto_,[67] pushed to excess, is paralysis of power or
anarchy. Nothing is done; and in politics, when nothing is done, all
becomes disorganized, dissolved. It is, therefore, necessary that whilst
preserving their independence, the representatives sent forth by the
electors should endeavor to render government possible; they should not
overstep the limits of their trust by confounding legislative power with
executive power; they should try to harmonize with the other bodies of the
State--in short, they ought each to sacrifice the necessary amount of
their individual opinion to bring about a common opinion. In a free
government it is no more a duty to belong to the _majority_ than to the
_opposition_, since the opposition may, in its turn, become majority; but
whether belonging to the one or to the other, the representative should
subordinate his particular views to the common interest; otherwise the
parties scatter, which, in the long run, can only be profitable to
despotism.
=105. Judicial power.--The magistracy and the bar.=--The judicial power is
exercised by magistrates called _judges_: it is they who decide about
quarrels between individuals: this is what is called _civil justice_; they
also decide about the punishments inflicted on criminals who have made
attempts upon a life or property; and this is _penal justice_. The duties
of the magistrate are easily deduced from these obligations.
1. _Impartiality and neutrality._--The judge must necessarily remain
_neutral_ among all parties; he should have no regard to persons, should
render equal justice to the rich and to the poor, to the high and to the
low. _Equality before the law_, which is one of the principles of our
modern institutions, should not only be a principle in the abstract; it
should also be a practical principle, and be brought before the eyes of
the judges as one among the first of their obligations.
2. _Integrity and disinterestedness._--No less strict a duty for the
judges, and which it is scarcely necessary to point out, is integrity. The
magistrate should be free from all suspicion of venality. Under the old
_régime_, as may be seen in Racine's comedy of _The Pleaders_, the judges
were not always free from such suspicion. Of course, it is but a comedy;
but such a comedy could no longer be written nowadays; it would no longer
be understood; our morals are too much improved for that. The obligation
should, nevertheless, be pointed out.
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