4 ms·

You'd ultimately need to de-politicize the entire branch of government. You mean de-democratize the entire branch of government?

Silhouette 16y ago
Unless your court cases are all heard by the entire population, your judiciary is not a democracy anyway. If your judges are appointed permanently by some sort of panel, drawn from some level of politicians, who are themselves elected via a system that is open to trivial interference by well-funded special interest groups, then your judiciary isn't even close to democratic.
- iuytguyhj 16y ago
  The judges (in the UK) are appointed from senior lawyers by other judges who were themselves appointed by previous judges etc... It does mean that it takes a few generations to get many black or women judges - but it does reduce the level of corruption and means that a lot of politically motivated prosecutions get thrown out. It's not democratic - but neither is the process of selecting senior doctors from the ranks of junior doctors.
kemayo 16y ago
I don't want my court case being judged by someone who has to consider what that judgement means for their chances of re-election. If they have to campaign, well, that takes money... so they'll need donors... so can they really afford to rule against LocalBigCo?
- bokonist 16y ago
  I'm not disagreeing with the argument of OP, just the language. Isn't your comment a general indictment of American democracy in general? Why have an elected congress making policies then?
  - Andrew_Quentin 16y ago
    That is a very good question. One that men have asked themselves over millenias. That is why since the birth of Democracy in Greece, we have had tyrants, dictators, emperors, kings and queens, oligarchs, etc. I would suggest however that in theory, the politicians sell their policies, rather than themselves per se, although they do sell a bit of themselves also. But the way our system works is, you have a philosophy of governance which is conservative, low taxes, traditional values, screw the poor, and the democrats, sort of distribute wealth, keep the companies in check, tax the rich higher, etc. Any one politician in this scheme is not an individual, but rather a representative of a philosophy, or even ideology. So, it is right that the public decides which they prefer at any given time. However, it would be quite savagery for the public to decide as to who should be guilty of murder, or rape, or conspiracy, or robbery, or the thousands of cases that go through the court. It too would be idiotic for the lay public, with very limited knowledge of the law, to decide as to who should be a judge, a job which requires high intelligence, but also common sense, a sort of moral structure, so taught through law school. Same as it would be idiotic for the public to decide who should be a doctor.

Silhouette 16y ago

Unless your court cases are all heard by the entire population, your judiciary is not a democracy anyway. If your judges are appointed permanently by some sort of panel, drawn from some level of politicians, who are themselves elected via a system that is open to trivial interference by well-funded special interest groups, then your judiciary isn't even close to democratic.

iuytguyhj 16y ago
The judges (in the UK) are appointed from senior lawyers by other judges who were themselves appointed by previous judges etc... It does mean that it takes a few generations to get many black or women judges - but it does reduce the level of corruption and means that a lot of politically motivated prosecutions get thrown out. It's not democratic - but neither is the process of selecting senior doctors from the ranks of junior doctors.

kemayo 16y ago

I don't want my court case being judged by someone who has to consider what that judgement means for their chances of re-election. If they have to campaign, well, that takes money... so they'll need donors... so can they really afford to rule against LocalBigCo?

bokonist 16y ago
I'm not disagreeing with the argument of OP, just the language. Isn't your comment a general indictment of American democracy in general? Why have an elected congress making policies then?
- Andrew_Quentin 16y ago
  That is a very good question. One that men have asked themselves over millenias. That is why since the birth of Democracy in Greece, we have had tyrants, dictators, emperors, kings and queens, oligarchs, etc. I would suggest however that in theory, the politicians sell their policies, rather than themselves per se, although they do sell a bit of themselves also. But the way our system works is, you have a philosophy of governance which is conservative, low taxes, traditional values, screw the poor, and the democrats, sort of distribute wealth, keep the companies in check, tax the rich higher, etc. Any one politician in this scheme is not an individual, but rather a representative of a philosophy, or even ideology. So, it is right that the public decides which they prefer at any given time. However, it would be quite savagery for the public to decide as to who should be guilty of murder, or rape, or conspiracy, or robbery, or the thousands of cases that go through the court. It too would be idiotic for the lay public, with very limited knowledge of the law, to decide as to who should be a judge, a job which requires high intelligence, but also common sense, a sort of moral structure, so taught through law school. Same as it would be idiotic for the public to decide who should be a doctor.