Антиномии (Jul 2022)
Judicial Ethical Standards in the Light of Roman Classic Lawyers’ Maxims
Abstract
The article provides a comparative characterics of the current Code of Judicial Ethics of the Russian Federation and the classical maxims of Roman lawyers of the 2nd and 3rd centuries. Formed in the Greco-Roman culture, the image of a “good judge” (judex bonus) is interpreted as a variant and hypostasis of a more general and fundamental ideal model of the “man of good” (vir bonus), previously developed in Peripatetics and stoicism. Substantive conclusions are drawn from the obvious premise that positive laws alone, in particular those regulating the legal status of a judge, are not sufficient for the normal and effective administration of justice. Positive legislation certainly needs a moral and ethical superstructure, norms of a different meaning and level, namely controlling the way of thinking, mindset and everyday behavior of the judge. The link between modern ethical norms of the professional judicial community and the moral and legal formulas of almost two thousand years old is shown. Specific examples are given to prove that modern norms semantically and often literally reproduce certain concepts, judgments and principles used by jurists since ancient times (for example, honesty, conscientiousness, independence, impartiality, competence, concern for the constant improvement of current legislation and other ethical qualities that a professional judge should necessarily possess). The importance of the norms regulating non-official relations and contacts of a judge from the point of view of the need for prevention and eradication of corruption deviations and moral and legal deformations arising in this regard is emphasized. Attention is drawn to the fact that both ancient and modern legal thought recognizes a certain conditionality, incompleteness and limitation of any available set of laws, as well as some ethical code. On this basis, guidelines for further improvement and updating of the Code of Judicial Ethics of the Russian Federation in terms of thoughtful anti-corruption efforts that actualize and rethink the potential of ancient Latin maxims are determined.
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