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0 pointsskybrian6y ago0 comments

This is sort of a stylized high-level description of how the U.S. government works, but it isn't really true. Law is often made by the courts (we call it precedent). Law is also made by the executive branch (by writing detailed regulations).

It does have to be justified based on existing law and this is important. But often, existing law only talks about broad principles or is contradictory, and judges are expected to fill in the details. In the case of the U.S. Constitution, these "details" can be really huge gaps.

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luckylion6y ago

Sure, that's unavoidable, but it's not the job definition. My point is that judges should never be guided by "how will some group/the majority/the elite/my children consider my decision now/in 5 years/in a century" but only by what they believe to be right at the moment of ruling. Otherwise, you're setting yourself up for arbitrary rulings to appease some future historian and create judges that try to rule to win popular support. "Polls say the majority wants the death penalty for petty theft? I better give them what they want"

skybrianOP6y ago

I'm not sure there is much of a distinction in practice between asking "how will history see this" and trying to do what's right? You don't get a magic ball to find out what will actually be popular. It's just a way of putting yourself in a state of mind to take a more long-term view of things.

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0 pointsskybrian6y ago0 comments

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luckylion6y ago

skybrianOP6y ago

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