The federal judiciary has become a
kritarchy that rules by ideological fiat.
(405) </pre> <p>Likewise, Judge Hand's successors in the federal judiciary do not oppose the Guidelines out of longing for
kritarchy. It is "not that they are power hungry," John Martin contends, "but rather that they see on a day-to-day basis the injustice that results from inflexibility in sentencing." (406)
So, the conclusion is clear: judges must follow the law to avoid a
kritarchy (2)--except, it is submitted, when that law requires the violation of the essence of mankind's sense of justice.