Crisis in the American courts: Greylord and the destruction of fiduciary bonds between the justice system and society
Weber, Christopher J.
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While it is commonly accepted and agreed upon that judges ought not to be partial, which (for reasons which will be discussed later) in the case of the judge necessarily implies corrupt, very seldom is there a reason given as to why the judge ought not to be partial to one litigant or the other. Perhaps this is because the judiciary is considered, as it was by the Founding Fathers, to be the weakest branch of government and therefore the least able to do harm, or perhaps it is because the answer to this question is considered too obvious and therefore uninteresting. Nevertheless, with the ever-expanding role of the judicial system into the policy-making role that was traditionally reserved solely for the legislature (such as can be seen in recent cases involving affirmative action, busing, and abortion, just to name a few) it is time to re-examine the role of the judge in the judicial system and his position in, responsibility to, and relationship with the rest of society.