56. Of Judicature

Judges must remember that their role is to interpret the law, not to create or alter it. Their duty is to apply the law fairly and faithfully, not to impose their own views, much like the Church of Rome has been criticised for changing scripture under the guise of interpretation. A judge should be knowledgeable rather than merely clever, respectful rather than flashy, and thoughtful rather than overconfident. Integrity is their greatest virtue. As the law says, “Cursed is he who removes the landmark.” Misjudging boundaries, whether of land or rights, is a grave injustice. A single corrupt judgment poisons the very foundation of justice, more so than a string of minor wrongdoings. As Solomon warns, “A righteous man falling before the wicked is like a polluted spring or a corrupted fountain.”

Judges have responsibilities toward the people bringing cases before them, the lawyers who argue, the clerks who assist, and the rulers they serve.

When it comes to those seeking justice, the Bible notes some “turn judgment into wormwood”—bitter and unjust. Others make it “vinegar”—harsh and sour through delays. A judge’s primary responsibility is to stamp out both force and fraud, with open force being dangerous but hidden fraud often worse. Frivolous lawsuits are like a court’s unhealthy indulgence and should be rejected.

A judge’s skill lies in balancing the scales when one side uses power, wealth, or cunning to gain an unfair advantage. Like God’s work to level valleys and lower mountains, judges must ensure fairness. When dealing with aggressive parties, the judge must act with strength but avoid harshness, as pressing too hard can spoil the outcome. Penal laws, especially, should be applied thoughtfully. Overuse of harsh laws turns justice into a trap for the people, creating unnecessary fear. As much as possible, judges must temper justice with mercy, remembering the individual before them, not just the example they may set.

A judge must listen patiently and with dignity. A judge who talks too much or interrupts unnecessarily shows impatience and vanity. Good judging involves four tasks: guiding evidence, keeping arguments relevant, summarising key points, and delivering fair judgments. Anything beyond this comes from arrogance, impatience, or poor focus.

Judges should resist being swayed by bold or overconfident lawyers. Like God, who grants grace to the humble, judges should favour modesty over audacity. Showing bias toward certain lawyers leads to higher fees and suspicion. A judge should praise lawyers who argue well, especially those who lose gracefully, as it reassures their clients of their counsel’s competence. At the same time, judges must correct lawyers who are careless, overly aggressive, or misleading, ensuring that fairness remains paramount.

Courts are sacred spaces, and everyone working there must act with honesty and respect. Justice cannot thrive amidst corruption, and as the Bible says, “Grapes will not be gathered from thorns.” Four common problems undermine courts: individuals who encourage unnecessary lawsuits, those who stir disputes over jurisdiction for personal gain, crafty clerks who twist procedures for their advantage, and those who extort fees. Such practices damage public trust, much like a sheep loses its fleece when seeking shelter in a thorn bush. However, an experienced, principled clerk can greatly enhance a court’s efficiency and even guide judges toward fairer outcomes.

Judges must always keep the people’s well-being as their ultimate goal, echoing the Roman principle, “The health of the people is the supreme law.” Laws are meaningless if they don’t serve this purpose. It benefits a state when rulers consult judges on legal matters and when judges consider the broader consequences of their decisions. Legal rulings may resolve disputes between individuals, but their implications can affect society as a whole.

Judges must be wise enough to see when their rulings touch on matters of governance or public welfare. They should remember that laws and good governance are not at odds—they are like muscles and bones, working together. Judges, like Solomon’s throne supported by lions, must be strong yet subordinate to the greater authority of the state. They should not challenge sovereignty but should skilfully apply laws, ensuring justice is tempered with practicality and fairness, as the Apostle Paul reminds us: “The law is good, if one uses it lawfully.”