The “Judge” and Ethics A Decalogue for (Re)Thinking the Relationship Between Jurisdiction, Justice, and Ethics

Abstract

Judges bear a historical and enduring responsibility—one that spans the past, the present, and the future—to provide reasons for their decisions, articulate sufficiently compelling arguments, and construct a coherent line of reasoning capable of supporting their rulings. The question, however, is whether this responsibility should be discharged solely according to their own judgment. There is no doubt that the law must address the complex dilemmas of the contemporary world. Is surrogacy just? Would it be just to permit human cloning? Can torture ever be justified under certain circumstances? Yet these challenges raise more questions than answers. Is there a way to confront such dilemmas? Should the answers be left to the discretion of individual judges? Those called upon to render judicial decisions face a challenge that every legal practitioner must embrace: While the law establishes the minimum standards governing individuals’ conduct in their interactions with others, ethics points toward the highest standards of conduct and guides human action toward continual improvement. No jurist should ever lose sight of this.