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this post was submitted on 19 Aug 2024
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The fact that we just left it up to them to recuse themselves is a major unchecked flaw.
Our founding morons were the most naive idiots in existence... Sure they lived in a different time, but how could you possibly look back at any time in history and say "it's ok only moral people get positions of power so we'll play by the honor system."
US citizens give way WAY too much credit to their founders. Calling them "founding fathers" almost sounds like it's a religion. I'm sure they were smart guys in their time, but they too were flawed and made a shit tonne of mistakes, like everybody else. Just fix those mistakes already.
They were fans of Montesquieu, but they also thought the VP should be the runner up in the election and that self interest would prevent one group from attaining too much power
In this case for example: the judge would want to avoid being labeled as partial because he would ruin his family name and lose his profession
It's not just that. People fought duels over their honor in the past. We don't have duels anymore, so we shouldn't rely on a judge to recuse themselves.
It is a founding concept of European law that no one should be a judge in their own case:
https://en.wikipedia.org/wiki/Nemo_iudex_in_causa_sua
Duelling wouldn’t apply to this case
For obvious reasons a judge wouldn’t duel parties in a civil (or criminal) case but also the judge would be ruining his own honour