The Judiciary is in some ways the most ancient institution of government. The role of the judge, in terms of history and cultural evolution, derived from the role of the ancient stone age shaman, priest, and band, tribal, or village elder who resolved disputes in the community. The Judge's function in society has all the aspects and elements of kingship and absolute sovereignty, magical binding force and contractual consent of the parties (i.e., "the consent of the governed"). The modern judge is called upon to decide very complex conflicts of interest between (1) the appointing government's political promises, legitimacy, and ability to exist, on the one hand, (2) the practical economic consequences of governmental promises once made and partially or completely kept, on the other, and (3) the original charter of any government, whether it be the laws given to Moses on Mount Sinai or the Constitution of the United States of America. It is noteworthy that Moses, before his death, instituted no form of government among his followers except for the appointment of Judges. As my former boss, the very Honorable Kenneth L. Ryskamp used to say, sadly and repeatedly regarding the actions of others of his profession, if Judges don't follow the law, who will? Continue reading ![]()
