By Aristotle
Now, it is of great moment that well-drawn laws should
themselves define all the points they possibly can and leave as few as may be
to the decision of the judges; and this for several reasons.
First, to find one man, or a few men, who are sensible
persons and capable of legislating and administering justice is easier than to
find a large number.
Next, laws are made after long consideration, whereas
decisions in the courts are given at short notice, which makes it hard for
those who try the case to satisfy the claims of justice and expediency.
The weightiest reason of all is that the decision of
the lawgiver is not particular but prospective and general, whereas members of
the assembly and the jury find it their duty to decide on definite cases
brought before them.
They will often have allowed themselves to be so much
influenced by feelings of friendship or hatred or self-interest that they lose
any clear vision of the truth and have their judgement obscured by
considerations of personal pleasure or pain.
In general, then, the judge
should, we say, be allowed to decide as few things as possible.
But questions as to whether something has happened or
has not happened, will be or will not be, is or is not, must of necessity be
left to the judge, since the lawgiver cannot foresee them.
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