My Life and Books (16) Judicial Branch Only

I came to understand that in a free society, people will be free to choose a judge to decide their case . They will choose judges whose wisdom and skill are recognised by other people that they know. If people have the freedom to choose their judges, they will always go to people that they trust. In a community of trust, people can talk to someone who knows about the record of the judge. Wise judges will be trusted because they have a good reputation in their community.

Judges do not need to be appointed. They will emerge as wise people in their local communities. They will become judges when people start going to them for guidance in dealing with difficult situations. The title judge will be recognition of what they are already doing. Judges who make good decisions will get more cases to decide. Those who make bad decisions will get fewer cases. Those who make good decisions would become widely known in society.

As a person’s reputation for wise judging spreads, people will start referring to them as a judge. The title does not change a wise person into a judge. It is just a recognition of what they are already doing. The reality is that a judge will only be as successful as their last few cases. If they start making bad decisions, people will stop bringing them cases, and they will cease being a judge.

A judge has no permanent authority. Their authority is limited and temporary, because it is gained through voluntary submission. When people take a dispute to a judge, they delegate authority to the judge. This authority of a judge is limited to the situation that is submitted to them. The judge has no authority over any other aspect of their litigant’s lives. The judge’s authority is temporary. It ends when the case has been decided and any required restitution paid. When the case that has been submitted to the judge is complete, the authority that has been delegated is gone.

The people in a community will influence the choice of judge by supporting the implementation of a judge’s decision. If they undermine the decisions of a particular judge, by supporting a person who refuses to make restitution, people with disputes will avoid that judge.

The process is described in Raising Judges.