Judgement on Judges
Growing up we are taught certain things, such as learning to look both ways before crossing the street. Yet there are also things we must learn alone through our own common sense. One of the beliefs that is part of everyone’s common sense is the idea that a judge is above politics, as they are the ones who decide on whether someone is guilty or innocent. Barbara Johnson challenges this idea in her essay “From Melville’s Fist: The execution of Billy Budd” and suggests that in reality judges are not “above politics” but still under control by them.
Throughout her essay Johnson deconstructs the novella “Billy Budd” by Herman Melville where she looks into the different interpretations of the novella and the characters. One of the characters she looks into is Captain Vere who seems to symbolize a judge like figure. Vere is the man who is left to decide whether or not Billy is guilty or innocent. Although many would assume for him to be able to choose on his own, Vere must consider many other aspects before making a decision.
In law there is always going to be someone guilty and someone innocent, as there is no other way around it. This already makes judges need to confine to politics as they technically need to choose one or the other for the person in question. Additionally, when deciding upon the criminal or victim judges must consider how they will be judged as their decision is still up for judgement afterwards. For instance, in today’s world the idea that everyone must be fairly represented no matter your identity has grown in awareness. Judges today will need to consider how their judgement will be criticized if they do the opposite of that, as they know that the public may rise up against it. Judges will never be above politics because the way politics works influences the judges, and even society.
Johnson’s explanation of this goes hand in hand with Nietzche’s belief that society does not allow one to create their own ideas as we are all influenced by everything around us in the end. Judges will end up being influenced by society or the politics around them, ultimately leaving them to never be above politics. Depending on where you are in the world the government may allow certain things while others do not. Regardless, there will always be someone above the judge whether that be politics, society, or the general public.

