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Full text of "Political Science Of The State"

330                             POLITICAL SCIENCE.
aside from the ordinary courts.    In regard to the judiciary
in general, especially the regular courts, we remark,
I. That they are in no proper sense the representatives of
the chief magistrates or of the people. When the people
judged in the city-states, they did so because they feared to
set the aristocracy or any irresponsible judges over them.
But the system was bad. The bodies of dikasts at Athens
brought into the courts all the prejudices and political feel-
ings of the ecclesia. We find orators appealing to their poli-
tical feelings, and undertaking public suits in order to put
down their rivals.* The true idea would have been that
the community was sovereign, but was bound to appoint
judges who could have the impartiality and knowledge which
they (the community) did not possess. So the kings who
acquired this right were bound to appoint men who should,
in disregard of a royal wish or command, judge fairly and
righteously. But kings generally appointed judges to carry
out their will which was just defeating the end for which the
office ought to exist. Judges are in no sense representatives
of the people or the king, or of any will whatever, except so
far as they take a place which the people or the king filled
before. In a higher sense, they are not representatives of the
community nor of its chief magistrates, but of justice and of
God.
2. Judges differ from other officers of state in that they
have a part to perform which is almost exclusively moral. If
the fact is in question, they are to search out what it is with-
out bias and with an earnest desire to know the truth. If
the law is in question, they cannot swerve a hair's breadth
* For instance, in Demosth. c. Aphob., ii., at the end, the boy-
pleader says that, if he gains his case he will be willing to discharge
his liturgia (or public burdens), as being grateful to the judges for
restoring to him his estate ; but, if they should make his adversary,
Aphobus, master of the estate, he would do no such thing. " For do
not think that he will be willing to perform public services for yoti
on property which he denies, ever having received, but will hide ft
rather, in order that it may appear that he was justly absolved from
my charges against him."                                                                  \