Philo Quotes
A Judge must bear in mind that when he tries a case he is himself on trial.
Philo of Alexandria. Philo: Volume VIII. Translated by F. H. Colson, Harvard University Press, 1939, p. 51.
When Cardozo was appointed to the Supreme Court, there was much anti Semitism in America and few Jews were made judges or magistrates. He was reviewing a case where the magistrate had been guilty of misconduct. The magistrate also happened to be Jewish. Cardozo thought that Jewish judges in particular should always maintain very high standards. This has been a common reaction of minorities who reach high level positions. They hold their fellow minority members to a higher standard so as to prove that the prejudice was undeserved. Of course there are good and bad in every group, but these first ethnic pioneers feel like they are carrying the burden for their entire minority group.
This document was a type of Magna Carta but far earlier.
The judiciary in the American system must give deference to the executive and legislative branches and interfere only when there is a violation of the Constitution. Many of the laws may well be viewed as bad policy by the judge, or in some case, may be unjust. The judge however cannot interfere just because he is dealing with bad or unjust laws. So Judge Scalia points out that the judge functioning properly in the American system will find that he personally does not like the consequences of his own opinions.
Philo of Alexandria, also called Philo Judaeus, was a Hellenistic Jewish philosopher who lived in Alexandria, in the Roman province of Egypt.