273. A World in Chaos

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While newly elected President 'DJ' Trump zig-zags routine business signatures between his Towers and White House  - creating chaos - while backed by his now 'bud' Goldman Sacks billionaires he had sworn to stay away from; while our Justin Trudeau wines with Chinese business elites looking to buy more resources, the world of the 'haves' continues to unfold, spreading its questionable orders,  the sane and concerned rally, perplexed and furious.  

HOW IS IT ALL POSSIBLE? ......They do it, because they CAN, since they are in charge!

Before we venture to break down the system that could take us to the root cause, let me again quote the phrase I decided, after my 6 years poking at the legal system, may well define the crux of this matter. 

At the foundation of every Political System functions its Justice System. If it is corrupt, everything else will be.

Let us step back and interrogate. 

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"The Fraternity: Lawyers and Judges in Collusion"

"The once-honorable profession of law now fully functions as a bottom-line business, driven by greed and the pursuit of power and wealth, even shaping the laws of the United States outside the elected Congress and state legislatures.”

-- Justice John F. Molloy

From an Internet released preview of the book by John Fitzgerald Molloy, 

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WHAT IS A JUDGE?  

DEFINITION:

"A judge presides over court proceedings, either alone or as a part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open court."

"The Role of the Judge

www.cscja-acjcs.ca/role_of_judge-en.asp?l=5

The Role of the Judge. Judges play many roles. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision-makers in the pursuit of justice."

"MOST IMPORTANT! > JUDGES ARE IMPARTIAL.....IN THE PURSUIT OF 'JUSTICE.'

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JUDICIAL ETHICS: EXPLORING MISCONDUCT AND
ACCOUNTABILITY FOR JUDGES

The Judicial Tradition

"Great is Justice !

Justice is not settled by legislators and laws - it is in the Soul;It can not be varied by statutes, any more than love, pride, the attraction of gravity, can;
It is immutable - it does not depend on majorities - majorities or what not,
come at last before the same passionless and exact tribunal.

For justice are the grand natural lawyers, and perfect judges -it is in their Souls;
It is well assorted - they have not studied for nothing- the great includes the less;
They rule on the highest grounds - they oversee all eras, states, and administrations.

The perfect judge fears nothing - he [she] could go front to front before God;

Before the perfect judge all shall stand back - life and death shall stand back - heaven and hell shall stand back."

- Walt Whitman

(Whitman was an American poet, essayist, and journalist. A humanist, he was a part of the transition between transcendentalism and realism, incorporating both views in his works.)

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So OK,  in a perfect world -   "Great is Justice !"
Let's review these words - including the exclamation mark. 

In Nature, 'Justice' does not exist. When hunger strikes, a Lioness will have her Wildebeest - to feed her cubs. Since it carries 'natural' motivation, 'survival' is here the operative word. Remember, only the fittest survive. It is the most dominant LAW of Nature! It is NOT questioned, since without it, life does not exist. Nature does not question. All living matter preys on 'something' - for survival! So does mankind, and so do cancer cells prey on matter.

As such, 'Justice' is a man-made concept. I surmise it came into existence when humans began to wonder beyond the tactile realities of life. Maybe it was when the 'GODs' were created? 

"Justice is not settled by legislators and laws - it is in the Soul"

Ah, yes, the 'SOUL.' That good old inner voice mankind adopted to set it apart from 'Nature.' The conscience of the Soul is responsible for Justice! let us have a closer look and dissect this.  

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[ http://www.roangelo.net/logwitt/logwit86.html ] 

"Can man become good through "care of the soul"?

"I spend my whole life in going about and persuading you all to give your first and greatest care to the improvement of your souls, and not till you have done that to think of your bodies or your wealth " (Plato)
      

 - 'What Plato means by 'care of the soul' (in Phaedo 107c) is not discussed on this page (although for both Plato and Socrates, to 'care for the soul' means to 'become a thoroughly ethical human being'). Here the topic is what the historical Socrates means by 'care of the soul' and its practical application to our life.'

A recent Canadian case highlighted the importance of having a written standard of conduct for judges. In an inquiry into the conduct of a Provincial Court Judge it became apparent that the misconduct had been occurring for a number of years, yet this behaviour was only now being questioned. Judges occupy a position of power relative to other actors in the administration of justice. 

Madame Justice MacFarland indicated in the Inquiry Re: W.P. Hryciuk a Judge of the Ontario Court: (18)

While a judge has no official authority over other persons working in the court system, in terms of playing any role in the hiring, firing or otherwise disciplining of those persons, it is apparent that by his very office he plays a significant and unique role in their working lives. Judges must take particular care never to misuse or to abuse that power.

A Code of Judicial Conduct provides a standard against which to assess judicial behaviour. It also serves as a guide to judges about what is and is not acceptable behaviour. While the conduct of Judge Hryciuk was the sexual harassment of lawyers and judges in his domain, and thus should have been recognized by all as unacceptable, there are other kinds of judicial misconduct that are less apparent.

It is in these grey areas that the concept of judicial ethics become particularly important. There would likely be widespread agreement that a judge should not abuse his or her position of power but less agreement about what would constitute such an abuse.

B. "Judicial Ethics": A Need for Definition
These are various definitions of judicial ethics and interestingly some dictionaries which provide no definition at all.

The Canadian Law Dictionary

Ethics: The basic principles of right action. "Ethics of a Profession" means the general body of rules, written or unwritten relative to the conduct of the members of the profession intended to guide them in maintaining certain basic standards of behaviour. An increasingly popular topic of discussion and debate this term remains ill defined. (19)

Black's Law Dictionary (6th Ed.)

Ethics: Of or relating to moral action, conduct, motive or character; as, ethical emotion; also, treating of moral feeling, duties or conduct; containing precepts of morality; moral. Professionally right or befitting; conforming to professional standards of conduct. (20)

Next Post I shall re-post the Judge's Oath to Ethics.