At some point last month I promised myself to start taking my University studies seriously. So I now actually listen to what is said in class rather then use the time to get in a quick power nap. From what I've heard so far this semester, it would appear that most people, many of whom tacitly, view the court as a forum to regulate social equality. The weak and vulnerable needs the court's protection, to be sheltered from relentless exploitation by evil megacorporations and people in positions of power.

 

To an extent this view of using the court as a regulator of morality and social equality is introduced by its conduct, that often take into account the capacity and moral conduct of the litigants in its decisions. Part of the confusion is also caused by socialist theories, that, in order to overcome the greed and selfishness that is human nature, integrate the law into its models so that its ideals are enforced. Finally, since the classic era, the courts of law have been perverted as an instrument serving to justify the creation of social inequality, and its eventual correction.

 

But the court has nothing to do with social equality, that is the task of the government. Neither does it have anything to do with moral conduct, that is the jurisdiction of the Church. And I use the term Church very loosely here, it happens to serve as a good summary of the concept of acceptable social norms.

 

The court's task is to maintain the status quo until it is told otherwise. And I emphasize "told otherwise". In its traditional cast as a guardian, the court preserves and protect what is, it does not instruct, nor does it reform. The court derives its authority and legitimacy from its consistency. It does not care for the social 'justice' of the principles that it upholds, it merely needs to know that those principles, until instructed otherwise by a legitimate authority, will be applied in the same way over and over again. A blind man is not expected, nor is he actually capable of identifying the so called 'weak and vulnerable' in order protect them. Neither is the court.