epistemic perspectives

Informing engineering from the cognitive sciences

The outsize societal influence of judicial selection processes

The specific meanings of the language of the law are not solely determined by the language itself, but by the precedent of the judges who have interpreted that language in the past. The relationship between the law and the judges’ understandings of the law constitutes a huge portion of the effective meanings of the laws themselves. Therefore ensuring that the selection process for judges is one that favors judges of good ethics, good character, and good judgement is paramount to the sanctity and effectiveness of the whole legal system. Differences in the legal system affect all of society.

The fact that the selection process for the highest judges with the largest precedential power can be co-opted by a clever senator with a grudge and some baggage — yes you Mitch — constitutes a perilous weakness in the structures designed to ensure that our government remains a tool owned by the people to be used by the people for the benefit of the people.

And this is far from the only such structural failure in our present government, all of which must be thoroughly repaired and reengineered before our government can serve it’s intended and essential purpose of providing true freedom and opportunity equally for all.

United States Supreme Court

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