Of the Injustice of a Judge, in Judging
We must now consider those vices opposed to commutative justice, that consist in words injurious to our neighbors. We shall consider
- those which are connected with judicial proceedings, and
- injurious words uttered extra-judicially.
Under the first head five points occur for our consideration:
- The injustice of a judge in judging;
- The injustice of the prosecutor in accusing;
- The injustice of the defendant in defending himself;
- The injustice of the witnesses in giving evidence;
- The injustice of the advocate in defending.
Under the first head there are four points of inquiry:
- Whether a man can justly judge one who is not his subject?
- Whether it is lawful for a judge, on account of the evidence, to deliver judgment in opposition to the truth which is known to him?
- Whether a judge can justly sentence a man who is not accused?
- Whether he can justly remit the punishment?