A principle against self-judging holds that people with personal interests should not decide matters in which they are involved. Ancient Greek and Roman thought warned that self-preservation and personal stakes can bias judgment. The Latin maxim “Nemo iudex in causa sua” and later English-language restatements emphasized impartial adjudication. James Madison linked personal interest to bias and potential corruption of integrity. Critics applied these principles to a Justice Department decision creating an Anti-Weaponization Fund to settle claims involving the IRS, arguing that a Trump-controlled DOJ negotiated with Trump while he was effectively on both sides. A lawyer described the situation as a glaring conflict of interest and criticized officials deciding government responses to claims.
"In the Roman world, the Latin phrase “Nemo iudex in causa sua” meant “no one should be a judge in their own cause.” It recognized that anyone having a personal interest should not get to decide matters in which they are involved. In the Englsh-speaking world, Hobbes himself reiterated that phrase as he explained some of the advantages of living in an organized society, which could supply impartial judges to resolve disputes. And in 1787, James Madison wrote, “No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity.”"
"Commentators reacting to the Justice Department's decision to establish an Anti-Weaponization Fund to settle the president's claims against the IRS have drawn on these longstanding principles to criticize it, including how the DOJ, which is part of the executive branch controlled by Trump, negotiated with him to reach this settlement. The conservative lawyer and activist Ed Whelan said, “There is a glaring conflict of interest with Trump being on both sides of the claim.” Whelan added, “It is outrageous that he and those answering to him would be deciding how the government responds to these extravagant claims.”"
"An obvious question is: Should taxpayer funds be given to Trump allies, in a settlement reached by the Trump-controlled DOJ as compensation for a Trump family lawsuit? As far back as ancient Greece, philosophers like Aristotle have worried about what happens when people are called on to make judgments in cases where they are involved. Aristotle thought that the natural instinct for self-preservation meant that they would always favor themselves."
#conflict-of-interest #judicial-impartiality #justice-department #taxpayer-funds #anti-weaponization-fund
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