Sep 26, 2012 13:46
"A Judge may not trifle with the Law because the society is defective. If the law is the law of a society that some feel to be unjust, it is the law and the society that must be changed. In the meantime there is an existing law that must be administered, and it is the sacred duty of a Judge to administer it. …a Judge cannot, must not, dare not allow the existing defects of society to influence him to do anything but administer the law."
I read this quote from Cry, the Beloved Country (written about South Africa in time of apartheid), and thought about Russia's broken judiciary system. I think that I agree with the overall principle, but with one addition. While living in an unjust society and strictly adhering to the law that one knows to be unjust, the judge has also an obligation to do everything in her/his power to mitigate the force of this law in such a way as to approximate justice to the closest possible extent.
musings