Legal Definitions - qui justus esse debet

Qui justus esse debet is a Latin phrase that translates to "who is bound to be just." It refers to the fundamental principle that certain individuals, particularly those in positions of authority, judgment, or trust, have a moral and often legal obligation to act fairly, impartially, and with integrity. This concept underscores the expectation that those entrusted with power or the ability to make decisions affecting others must uphold justice in their actions and judgments.

Here are some examples illustrating this principle:

• A Judge in a Courtroom:

  Imagine a judge presiding over a complex civil lawsuit where two companies are disputing a contract. The judge is expected to listen to arguments from both sides, examine all evidence presented, and apply the relevant laws without personal bias or favoritism towards either party. Their decisions, from procedural rulings to the final verdict, must be based solely on the merits of the case and the law.

  This illustrates qui justus esse debet because the judge, by virtue of their office, is fundamentally obligated to ensure a fair trial and deliver a just outcome. They are "bound to be just" in every aspect of their judicial duties, ensuring impartiality and adherence to legal principles.

• A Public Official Overseeing Government Contracts:

  Consider a director of a city's public works department who is responsible for awarding contracts for new infrastructure projects, such as building a bridge or repairing roads. This official receives bids from multiple construction companies. They are expected to evaluate these bids transparently, based strictly on predefined criteria like cost, experience, and proposed timeline, rather than personal connections, political pressure, or potential kickbacks.

  This scenario demonstrates qui justus esse debet because the public official is entrusted with taxpayer money and public trust. They are "bound to be just" by ensuring fairness in the bidding process, preventing corruption, and selecting the most qualified and deserving company for the public good.

• An Independent Arbitrator in a Labor Dispute:

  Suppose an independent arbitrator is brought in to resolve a dispute between a labor union and company management over employee wages and working conditions. The arbitrator's role is to hear arguments from both the union representatives and the company executives, review relevant data and agreements, and propose a resolution that is fair and equitable to both parties, considering their respective interests and legal obligations.

  This exemplifies qui justus esse debet because the arbitrator, though not a judge, holds a position of trust and authority in resolving the conflict. They are "bound to be just" by remaining neutral, objectively assessing the facts, and striving for a balanced and fair resolution that both sides can accept, thereby preventing further conflict and promoting industrial harmony.