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NeCede's

Maxim 8.3.21

It is the property of a Judge to administer justice, not to give it.

Source: Lofft, 42; Weisman, 68s Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) A judge's duty is to administer the existing law, not to create new rights or grant favors — the judge declares what the law is, he does not invent what it should be.

Where this applies

  • A judge who invents a new right not found in any statute or constitution is overstepping — her job is to apply existing law, not to create new rights.
  • An appellate court reverses a trial judge who awarded damages based on personal sympathy rather than legal grounds, because a judge administers justice, he does not dispense favors.
  • A judicial nominee is criticized for promising to "give justice" to certain groups, because a judge's role is to administer the law impartially, not to hand out results.

Legal domains

Cite this maxim

NeCede Max. 8.3.21 — It is the property of a Judge to administer justice, not to give it. — Lofft, 42; Weisman, 68s

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