THE FUNCTION OF THE JUDGE IS CONFINED TO A SPONTANEOUS ORDER
The role of a judge is to maintain and improve an existing system of rules that has developed over time without specific design. This system is based on people’s mutual expectations rather than on anyone’s authority. Judges step in when established rules are unclear, inadequate, or not followed, and their job involves adjusting these rules to prevent conflicts and align actions. As new situations arise, judges must interpret earlier rulings to create “principles” that will apply to these new challenges. While judges do not need to fully understand the broader social order their decisions impact, they aim to facilitate individuals in forming accurate expectations about various situations.
Judges play a crucial role in the adaptation of society by supporting rules that have worked well historically, promoting consistency in people’s interactions. Although judges can generate new rules, they are not creating a new order; rather, they serve to sustain and refine the current one. Their decisions are rational and based on sound reasoning, even if an intuitive understanding often guides them initially.
Critically, judges focus on upholding abstract principles of order rather than the specific relationships between individuals. Change is constant, and while they respect existing conditions, they also promote necessary adjustments. Their commitment lies in preserving the foundational rules that allow for a dynamic social order, not in maintaining a static status quo that favors specific interests.
Judges do not serve particular groups or government purposes but rather function independently from political influences. Efforts, particularly in socialist contexts, often misrepresent judges as biased towards specific interests instead of seeing them as guardians of an impartial system. Ultimately, the judge’s goal is to enhance the overarching framework that enables individuals to achieve their own goals within a cooperative society without focusing on particular social outcomes.
The role of a judge is to maintain and improve an existing system of rules that has developed over time without specific design. This system is based on people’s mutual expectations rather than on anyone’s authority. Judges step in when established rules are unclear, inadequate, or not followed, and their job involves adjusting these rules to prevent conflicts and align actions. As new situations arise, judges must interpret earlier rulings to create “principles” that will apply to these new challenges. While judges do not need to fully understand the broader social order their decisions impact, they aim to facilitate individuals in forming accurate expectations about various situations.
Judges play a crucial role in the adaptation of society by supporting rules that have worked well historically, promoting consistency in people’s interactions. Although judges can generate new rules, they are not creating a new order; rather, they serve to sustain and refine the current one. Their decisions are rational and based on sound reasoning, even if an intuitive understanding often guides them initially.
Critically, judges focus on upholding abstract principles of order rather than the specific relationships between individuals. Change is constant, and while they respect existing conditions, they also promote necessary adjustments. Their commitment lies in preserving the foundational rules that allow for a dynamic social order, not in maintaining a static status quo that favors specific interests.
Judges do not serve particular groups or government purposes but rather function independently from political influences. Efforts, particularly in socialist contexts, often misrepresent judges as biased towards specific interests instead of seeing them as guardians of an impartial system. Ultimately, the judge’s goal is to enhance the overarching framework that enables individuals to achieve their own goals within a cooperative society without focusing on particular social outcomes.