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this post was submitted on 19 Aug 2024
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They were fans of Montesquieu, but they also thought the VP should be the runner up in the election and that self interest would prevent one group from attaining too much power
In this case for example: the judge would want to avoid being labeled as partial because he would ruin his family name and lose his profession
It's not just that. People fought duels over their honor in the past. We don't have duels anymore, so we shouldn't rely on a judge to recuse themselves.
It is a founding concept of European law that no one should be a judge in their own case:
https://en.wikipedia.org/wiki/Nemo_iudex_in_causa_sua
Duelling wouldn’t apply to this case
For obvious reasons a judge wouldn’t duel parties in a civil (or criminal) case but also the judge would be ruining his own honour