“As a matter of law” is a code phrase for “this isn’t a simple objective balancing. There is another policy at play that’s putting its thumb on the scales.”
Also, Lady Justice could have been more clear here. The Scales of Justice aren’t engaged in a purely utilitarian exercise. If that were true, the one could not outweigh the many, and we just saw that it can. That’s because it’s not the one and the many that are being weighed. The rights of an individual often weigh more than the wants of society. The greater good consists of protecting those rights, not the majority’s desires. That’s not an obvious takeaway here.
The Illustrated Guide to Criminal Law Chapter 13: I Had No Choice! Necessity pg 16: “As a Matter of Law”
Lady Justice lifting her blindfold to tell us something
LADY JUSTICE
Now remember, whenever you see these scales, you’re making an objective measurement. It’s a strictly utilitarian exercise.
The State pressing down on one side of the Scales of Justice.
THE STATE
But sometimes the State puts her thumb on one of the scales. You’ll know when that happens, because you’ll see phrases like “as a matter of law.”
So in most states, as a matter of law, killing an innocent person to save other lives is NEVER the lesser of two evils.
