Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
of the independence of the Judiciary, in utter disregard of the lessons
of the past and the wisdom of our fathers, should be considered,
therefore, along with this object lesson furnished by ancient history and
by penetrating into the records of the past centuries, it will be seen
that to adopt such a law would mean to return to the “Leges Barbarorum”
of the past.
In the discharge of their impartial functions, the judges of the people’s
courts, have nothing to do with popular standards; it is with right and
wrong, according to the just and equal standards of the law that they
have to deal and it is as true to-day, as when the patriarch Moses,
admonished the judges of ancient Israel, that, in the prerogative of the
judgment-seat, “Thou shalt not follow a multitude to do evil; neither
shalt thou speak in a cause to decline after many, to wrest judgment.”[1]
The work of the judges is in private places; they have no favors to
bestow, no rewards of office to distribute. It is frequently the business
of the charlatan to misconstrue and misinterpret their ablest judgments
and as the courts are the final repositories of the people’s rights,
when the public clamor is the loudest for the sacrifice of individual
right, then the true judicial character performs its highest office, in
withstanding all assaults by the ill-informed, upon the ramparts of the
Temple of Justice.
With the wide-spread demand for the “judicial recall” we find the true
modern standard, in this regard, reflected in the recent strong language
of an upright Texas Judge, who, in the course of his opinion, observed:
“I have made it the rule of my judicial life, and shall
continue to do so, while invested with the authority pertaining
to the office I hold, to decide questions as I understand them,
after as careful an investigation as my capacity affords,
without reference to what public opinion may be. I do and
shall continue to regard the law as superior to the ebullition
of outraged feeling, when communities are shocked by crime.
When cases arising under such circumstances, have reached this
court, my voice and my vote shall, in the future, as in the
past, be given for the upholding of the law, not bending it to
public sentiment. The stability of the institutions of this
government depends upon adherence to the law, as it is written,
and not on the fluctuating strenuousity of eruptive ebullitions
of popular sentiment.”[2]
Public-domain text, read in full here on John Shaqi.
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