It is the function of a judge not to make but to declare…
“It is the function of a judge not to make but to declare the law, according to the golden mete-wand of the law and not by the crooked cord of discretion.”
About This Quote
This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.
Judges should apply law impartially, not reshape it based on personal discretion.
In simple terms: Judges declare law, not create it.
Key Takeaway
Uphold rule of law over personal bias.
Themes
justice
law
judicial restraint
Mood
formal
serious
Type
legal
philosophical
When to use this quote
- court decisions
- legislative review
- law school curricula
Key Concepts
legal theory
constitutionalism
Questions to Reflect On
- How balance flexibility with consistency?
- What safeguards prevent misuse?
A Different Perspective
Rigid interpretation may ignore unique cases.