The Responsible Judge: Readings in Judicial Ethics

By John T. Noonan Jr.; Kenneth I. Winston | Go to book overview

N. Blowing the Whistle?

Lois Forer retired in 1987 from her position as a senior judge on the Pennsylvania Court of Common Pleas for the First Judicial District. She was educated at Northwestern University (A.B., 1935; J.D., 1938), where she was an editor of the Law Review. Her previous positions in state government include eight years as Pennsylvania deputy attorney general. She taught at the University of Pennsylvania and New York University. Among her books are The Death of the Law ( 1975), Criminals and Victims: A Trial Judge Reflects on Crime and Punishment ( 1980), Money and Justice: Who Owns the Courts? ( 1984), and Unequal Protection: Women, Children, and the Elderly in Court ( 1991). The following 1988 piece, "When Should Judges Be Whistle Blowers?" appeared in 27 Judge's Journal 3.

Commenting on the trial of Klaus Barbie, foreign affairs expert Flora Lewis used the telling phrase, "The Guilt of Doing Nothing".1 To those trained in Anglo-American common law this is a novel concept. Guilt connotes crime, and crime requires an act with evil intent. Enormous amounts of jurisprudential time and thought have been devoted to the arcane question of whether the insane, the mentally and emotionally disturbed, and the very young and the very old can have such guilty intent or "mens rea." Even that most nebulous and protean of crimes, conspiracy, requires an agreement, tacit or express. Guilt cannot be predicated on inaction in the absence of a clear statutory mandate requiring action.

Civil liability is also based on wrongful or negligent actions, not mere inaction. For centuries it was, and, in most jurisdictions still is, the law that absent a positive duty owed to a particular individual, there is no liability for inaction. Tort law exemplifies the notion that under common law there is no guilt or legal responsibility for doing nothing.2

When I was in law school we began the study of torts with this proposition: A person is sitting on the end of a dock; a life preserver is at hand; he sees a drowning man in the water. The law (as we were taught it) imposes no duty on

-243-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Responsible Judge: Readings in Judicial Ethics
Table of contents

Table of contents

  • Title Page iii
  • Copyright Acknowledgments v
  • Contents vii
  • Preface xiii
  • Part I The Ideal Judge and the Partial Judge 1
  • A. The Impartiality of God 3
  • B. The Mask of Impartiality 22
  • C. Monsters 35
  • D. Political Judges 50
  • Part II Judging 97
  • A. Waiting for the Litigants 105
  • B. Deciding on the Record 113
  • C. Adjudicating the Case at Hand 115
  • D. Creating a Precedent 121
  • E. Following the Rules Laid Down 129
  • F. Exercising Judgment 138
  • G. Preserving Proportion 142
  • H. Displaying Compassion 148
  • I. Deliberating with Colleagues 156
  • J. Writing and Dissenting 171
  • K. Judging in a Different Voice 188
  • L. Managing Public Institutions 208
  • M. Settling a Case 223
  • N. Blowing the Whistle? 243
  • O. Retaining One's Humanity 257
  • Part III Independent and Accountable 265
  • A. Proclaiming Independence 267
  • B. The Duty of Recusal 278
  • C. Forms of Accountability 309
  • Selected Bibliography 387
  • Index 391
  • About the Editors *
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 395

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.