Judges should decide legal disputes. Judges should not make law.
Joseph Wapner’s quote expresses a clear view on the role of judges in the legal system. He emphasizes that judges should focus on deciding legal disputes based on existing laws and precedents, rather than engaging in law-making. Wapner is drawing a distinction between the roles of the judiciary and the legislature. According to this perspective, it is the responsibility of elected lawmakers, not judges, to create or amend laws; judges should interpret and apply those laws to the cases before them.
This viewpoint aligns with the concept of judicial restraint, which advocates for a limited role for judges in shaping the law. Judges, under this philosophy, should avoid making rulings that essentially create new laws or set legal precedents that could alter the legal landscape without legislative involvement. Wapner’s stance reflects a belief in the separation of powers, where each branch of government—legislative, executive, and judicial—has distinct and non-overlapping responsibilities.
Wapner’s quote also critiques the tendency of some judges to engage in judicial activism, where they may interpret the law in ways that reflect personal beliefs or contemporary social values, thus making decisions that go beyond mere interpretation of the law. He suggests that such actions can undermine the democratic process, as they bypass the public and the legislature, which are meant to be the primary sources of lawmaking.
As the long-time presiding judge on the television show The People's Court, Wapner’s statement on judicial responsibilities was likely influenced by his experiences in both the courtroom and as a public figure. His emphasis on the judiciary's role in dispute resolution rather than law creation reflects his commitment to the foundational principles of legal interpretation and the proper functioning of the judicial system.
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