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Of Judicature by Francis Bacon

- Francis Bacon outlines several key aspects of a judge's prose style including short, concise sentences and an aphoristic style using epigrams and maxims. - He discusses the main duties of a judge which include suppressing force and fraud, impartially interpreting rather than making laws, and providing landmark judgements. - Bacon also notes several qualities important for a judge such as patience, gravity, impartiality, and restraint from favoritism to ensure justice and fairness.

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Mayank Yadav
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5K views9 pages

Of Judicature by Francis Bacon

- Francis Bacon outlines several key aspects of a judge's prose style including short, concise sentences and an aphoristic style using epigrams and maxims. - He discusses the main duties of a judge which include suppressing force and fraud, impartially interpreting rather than making laws, and providing landmark judgements. - Bacon also notes several qualities important for a judge such as patience, gravity, impartiality, and restraint from favoritism to ensure justice and fairness.

Uploaded by

Mayank Yadav
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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OF JUDICATURE BY FRANCIS

BACON
FRANCIS BACON’S PROSE STYLE

• Engaging opening statements


• Short and concise sentences
• Aphoristic style:
• Epigram; short, sharp and amusing, usually make a general statement
• Terseness; ability to compress abundant thought in extremely small space
• Straightforward, impartiality, impersonality.
• No parenthesis; each word is self explanatory.
• Use of proverbs and maxims
• Conjunctions and linking words
• Lucidity of style; simile, metaphor, analogy and quotations
• Antithesis statements where two contrasting words are used together to balance
each other.
• Themes of perennial interest and universality such as truth, religion, friendship
etc.
SUMMARY

• Judges ought to interpret law, not to make law. They ought not to behave like the church of
Rome which in the name of explanation of scriptures, change and pronounce already
existing things in the name of new.
• Judges ought to be learned than witty, respected than reasonable and advised than confident.
• Integrity should be their primary virtue.
• They should provide landmark through their judgements.
• A righteous man falling down before a wicked is compared to corrupt fountain and fowl
people compared to corrupt stream.
• The principal duty of a judge is to suppress force and fraud. Force is more harmful as its open.
Fraud is closed and disguised.
• Controversial suits ought to be thrown out as the excess of something.
• A Judge is compared to God. As the might and importance of is God is felt through its
manifestations in the form of nature or universe. Similarly a Judge’s importance is weighed
through his judgements.
• Judgement should neither be bitter nor sour. Just as grape plants harshly squeezed make the taste
of wine bitter. Similarly hard constructions, inferences and delay makes it meaningless and sour.
• Patience and gravity is an essential part of justice. An over speaking judge is
compared to ill tuned musical instrument.
• A Judge should patiently hear all the arguments from advocates and not interrupt
them in between to show his quick understanding or arrogance. Or to prevent
information by questions though relevant.
• The judge’s role in hearing are four. To direct the evidence, to control the length,
repetition or irrelevancy of speech. To repeat, select and collect the material from
different sources of what has been said and to give sentence.
• Judges should repress the overconfident, presumptuous advocates and give grace to the modest ones.
• Judges should refrain from favouritism as it increases the fees of advocates exponentially.
• Judge should also praise well argumentated cases which supports the client and radiates brightness
and the best points of the cause.
• Judges should reprimand shrewd advocates involved in sheer neglect, least information and impolite,
unscrupulous handling of the case though pointless arguments or an overbold defence.
• Judge should not allow the lawyer to argue pointlessly or handling the case anew when the
judgement is declared. Judge should not give the opportunity to counsel that his evidences were not
heard.
• The place of justice is a reverend place and therefore not only the bench but
lobby, part of territory and enclosure ought to be preserved without
malpractices of corruption.
• The sweet fruits of justice can not be yielded with the sharp edges like
plundering and exhorting clients.
• It is an happy thing in a state, when kings and states do often consult with judges; and
again, when judges do often consult with the king and state: the one, when there is
matter of law, intervenient in business of state; the other, when there is some
consideration of state, intervenient in matter of law. Let judges also remember, that
Solomon’s throne was supported by lions on both sides: let them be lions, but yet lions
under the throne; being circumspect that they do not check or oppose any points of
sovereignty. Let not judges also be ignorant of their own right, as to think there is not
left to them, as a principal part of their office, a wise use and application of laws.

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