Proceduralism is about safety for the judge, not justice for the accused
- John-Michael Kuczynski
- 18 hours ago
- 2 min read
We’re told that proceduralism is the heart of justice. That courts operate on principle. That lawyers and judges are guided by neutral rules, not emotions or power. That the system’s impartiality is its virtue.
That’s the story. But here’s what I think is actually going on:
Lawyers and judges love proceduralism because it keeps them safe.
Not morally safe. Physically safe.
⚖️ Raw Justice Is Dangerous
Imagine a courtroom where the trial really was about truth and justice. Where innocence and guilt were decided by direct confrontation with what actually happened. Where falsehoods were exposed, betrayals laid bare, and the stakes were emotionally undeniable.
Now imagine a wrongfully accused man — one with nothing to lose.If the system is about real moral judgment, he knows who’s harming him. He knows the judge is the gatekeeper. He knows the prosecutor is the accuser. And he can see that the process is rigged.
That’s a room full of threat.A room where someone might throw a punch — or worse.
🧹 Proceduralism Clears the Room of Rage
But in the real courtroom, what happens?
Everything is procedural. Everything is abstract.There are no villains — just "court officers."There’s no betrayal — just "rules of evidence."There’s no injustice — just "a plea deal offered by the state."
Emotion has nowhere to go. It can’t even find a hook. The process bleeds off the intensity, so by the time the sentence is handed down, it feels inevitable — like weather, not human action.
And that’s the point.
🛡️ Proceduralism Is Psychological and Physical Armor
All this talk about “the majesty of the law,” about its “impartiality,” its “stoic restraint” — it’s not just ideology. It’s a coping mechanism.What judges and lawyers love about procedure isn’t just its order.It’s that it insulates them from the violence of moral contact.
Because when you remove truth, remove moral judgment, remove visible injustice — you remove targets. You remove rage. You remove danger.
In that fog of paperwork and protocol, there’s nothing to punch.
And that, for many people in the system, is the most beautiful thing about it.
🎯 The Real Function of Procedure
It’s not justice. It’s not clarity. It’s not truth.
It’s the dissipation of heat.The protection of the system from the people it rules.A bureaucratic fog to prevent blood from hitting the bench.
And once you see it, you can’t unsee it.
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