Because We Have the Rule of Law, That's Why

Dearest A,

It's taken me a little while, but I've formulated a response to your thoughtful question. Why do we cringe when our jurists act like politicians? Because our whole system of government depends on a belief -- though it may be fictitious -- that judges are impartial.

But it's all a farce, you say? Might makes right, and why pretend any different?

Because the rule of law is a useful fiction, and one that's probably kept our society from tearing itself apart at the seams. Like many others have.

The rule of law is an opiate of the people. It makes citizens believe that something -- other than military muscle -- governs their society. And it makes citizens less likely to turn to armed uprisings as the solution to the problems.

In our society, the guardians of the rule of law are jurists. And if we suddenly lost faith in the neutral application of laws -- if we believed that only might made right, and that judges were part of that system of oppression -- then the fragile ties that bind us together might come undone.

The rule of law is not coherent. It's not reasonable. It's not even really a rule. But a firm belief in it has held our society together for the last 200 years. I think that's a useful purpose, in and of itself.

Love,
Sammy