THE FUNCTIONS OF THE JUDGE
Judges play a crucial role in maintaining a system of rules known as judge-made law, which reflects the natural order of society rather than imposed authority. This law emerges from the ongoing interactions of individuals who can form expectations about each other's behavior. The idea that society creates laws is misleading; instead, laws arise from shared understanding of common rules, allowing people to coexist peacefully. Governments and their authority are founded on these existing laws, which tend to govern how power is exercised.
Even in groups lacking formal government, shared rules can still influence behaviors and establish a form of order. This means that effective rules do not necessarily need an organization for enforcement; rather, they are upheld by communal respect and social pressure. The observance of these rules is what allows societal order to develop, and judges work to clarify and uphold this order by resolving disputes based on established customs and shared expectations.
When acting as arbiters, judges do not enforce laws created by someone with authority, but rather interpret how actions align with the existing practices recognized by the community. Their decisions rest on the expectations that arise from these customs, which guide people's behavior. In essence, judges help define what is considered fair and just, reflecting the values and norms of society while ensuring that individuals' actions meet the shared standards that everyone relies upon.
Judges play a crucial role in maintaining a system of rules known as judge-made law, which reflects the natural order of society rather than imposed authority. This law emerges from the ongoing interactions of individuals who can form expectations about each other's behavior. The idea that society creates laws is misleading; instead, laws arise from shared understanding of common rules, allowing people to coexist peacefully. Governments and their authority are founded on these existing laws, which tend to govern how power is exercised.
Even in groups lacking formal government, shared rules can still influence behaviors and establish a form of order. This means that effective rules do not necessarily need an organization for enforcement; rather, they are upheld by communal respect and social pressure. The observance of these rules is what allows societal order to develop, and judges work to clarify and uphold this order by resolving disputes based on established customs and shared expectations.
When acting as arbiters, judges do not enforce laws created by someone with authority, but rather interpret how actions align with the existing practices recognized by the community. Their decisions rest on the expectations that arise from these customs, which guide people's behavior. In essence, judges help define what is considered fair and just, reflecting the values and norms of society while ensuring that individuals' actions meet the shared standards that everyone relies upon.