I am not a lawyer so can’t make a legal argument. However I teach sociology at a T1 NLU, so let me give you 10 philosophical reasons why the judge was right.

Firstly John Locke argued that the rule of law is fundamental to a just society. The principle of presumption of innocence until proven guilty is a cornerstone of this rule of law. Granting bail aligns with Locke’s view that individuals should not be deprived of their liberty without due process. Immediate bail respects this foundational legal principle.

Jean-Jacques Rousseau’s concept of the social contract emphasizes that the state must act in a manner that respects the rights and freedoms of individuals, even if they are accused of a crime. The provision of bail reflects the state’s commitment to protecting individual freedoms while ensuring that justice is served.

According to John Rawls’ theory of justice as fairness, society’s institutions must be structured so that they benefit the least advantaged and ensure fair treatment for all. Granting bail ensures that the accused has the opportunity to prepare a defense, which is a fair and just treatment under the law.

Jeremy Bentham’s utilitarianism advocates for actions that maximize overall happiness and minimize suffering. Detaining a person pre-trial, especially if they can adhere to bail conditions, may cause unnecessary harm and suffering. Granting bail minimizes this suffering, aligning with utilitarian principles.

Isaiah Berlin distinguished between positive and negative liberty. Granting bail can be seen as an affirmation of negative liberty, which is freedom from undue interference by the state. The judge’s decision protects this aspect of personal liberty while still holding the accused accountable to legal proceedings.

Immanuel Kant’s ethics emphasizes respect for human dignity and autonomy. By granting bail, the judge respects the individual’s autonomy, allowing them the dignity to participate in their defense and manage their affairs while awaiting trial.

Ronald Dworkin argued that rights are fundamental to the concept of law. The right to due process is integral to justice, and granting bail upholds this right by ensuring the accused can engage fully in the legal process without undue hardship.

Aristotle’s notion of distributive justice implies that equals should be treated equally and unequals unequally based on relevant differences. If bail conditions are met by the accused, then granting bail ensures that they are treated equally under the law, reflecting Aristotle’s vision of justice.

Friedrich Hayek emphasized the importance of the rule of law in preserving individual freedom. Granting bail upholds the rule of law by ensuring that the accused is treated according to established legal procedures, rather than being subject to arbitrary detention.

Legal pragmatism, as advocated by Oliver Wendell Holmes Jr., suggests that the law should be flexible and practical. Granting bail is a pragmatic approach that balances the need for justice with the practicalities of individual rights and the presumption of innocence.