Question: What are the great issues facing the legal system today?
Stephen Carter: I don’t share the same view that a lot of law professors have that somehow the court’s the place to resolve important issues. The issues that the court solves are important. I’m not saying that the court’s unimportant. I’m saying the great issues that face our society are not issues that are susceptible to judicial resolution. So for example . . . Let me give examples of two of the great challenges the courts knew nothing about. They’re very different. One is the challenge of race and poverty in America. The reason that race and poverty continues to be a challenge is largely because politics left it behind. It’s politics that will help solve this, not courts. And politicians of both parties have long ago left race for issues that they find more interesting. They may give lip service to it, but it’s not high on anyone’s agenda at all. I was on a TV talk show . . . oh it must have been a year ago. And we were supposed to talk about the issues we thought were really important in the coming couple of years. And I kept saying race and poverty, and I was shouted down almost by acclamation by everyone else on the show. They said there are all these other things we have to get to first. And in the green room afterwards, this one person . . . this one liberal activist started yelling at me basically saying how could I bring this up when there are really important things to fix like global warming and the war and so on. I’m not saying those aren’t important issues. It’s just that what’s happened over the last 30 years is every time one wants to talk about race and poverty; every time one wants to bring up race or poverty, it always turns out there’s something more important that has to be done first. That’s one kind of issue. There’s an entirely different kind of issue. Some of the writing I’ve done . . . the non-fiction writing I’ve done has been about ethics in private rather than in public life – integrity and civility for example. I really believe we have reached a crisis point in America in our treatment of other people, particularly people we disagree with. I worry greatly about our inability to sustain conversations across our differences; about our deterioration of a bumper sticker society. Here I agree with what a lot of sociologists and historians wrote half a century ago; that if you have a politics that is mainly about who to hate and who to love; that’s mainly about slogans, and applause, and emotional appeal; it’s not a democratic politics – it is a fascist politics. It is a deeply reactionary politics. It’s a politics about rule, and I worry about that in America – that on left and right, we’re so caught up in who to love and who to hate, who to cheer for and who to boo, and what bumper sticker to put on our car that we have no interest in politics and the sense of the give and take of difficult decisions where you’ve gotta please both sides. We’re interested in winning, and we’re interested in putting together a bigger mob. That absolutely terrifies me for the future of this country because it has nothing to do with democracy.
Recorded on: 7/25/07
Discuss
Anne Lucas on January 7, 2008, 4:12 AM
The greatest issues will not be solved in
the courtroom. They will be solved at your local coffee shop and at your Town Meeting.
Anne Lucas on January 7, 2008, 9:12 AM
The greatest issues will not be solved in
the courtroom. They will be solved at your local coffee shop and at your Town Meeting.
Ron Sipherd on January 10, 2008, 6:58 PM
Surely the courtroom is not the place to decide on major issues of public policy, or there would be no point in electing a legislature. Besides, the great issues have already been resolved by taxi drivers and barbers; just ask them.
Ron Sipherd on January 10, 2008, 11:58 PM
Surely the courtroom is not the place to decide on major issues of public policy, or there would be no point in electing a legislature. Besides, the great issues have already been resolved by taxi drivers and barbers; just ask them.
Tim Ray on January 12, 2008, 5:18 PM
Have we really moved away from racism? In many ways yes we have and have not….the poor will always been with us and always will be. Now we have illegally imported labor and the wealthy, who are all different races have found a way to acquire cheap labor and have the poor pay for health care through tobacco and liquor taxes. Old Ted Kennedy makes a ton on alcohol and keeps the money offshore as do many Republicans. Viva Irish whiskey!!
Tim Ray on January 12, 2008, 10:18 PM
Have we really moved away from racism? In many ways yes we have and have not….the poor will always been with us and always will be. Now we have illegally imported labor and the wealthy, who are all different races have found a way to acquire cheap labor and have the poor pay for health care through tobacco and liquor taxes. Old Ted Kennedy makes a ton on alcohol and keeps the money offshore as do many Republicans. Viva Irish whiskey!!
Roy Follendore III on January 15, 2008, 9:16 PM
The greatest issue is the choice to use the law in restrictive ways that continue to erode individual free will. My opinion is that the law should be specified in ways that more about what is allowed than what is not. Having worked with rule based expert systems I recognize that it is a mistake to narrow life in such a precarious and capricious manner because it leads to too many unforeseen and inescapable consequences.
Roy Follendore III on January 16, 2008, 2:16 AM
The greatest issue is the choice to use the law in restrictive ways that continue to erode individual free will. My opinion is that the law should be specified in ways that more about what is allowed than what is not. Having worked with rule based expert systems I recognize that it is a mistake to narrow life in such a precarious and capricious manner because it leads to too many unforeseen and inescapable consequences.
m w on January 16, 2008, 5:00 AM
Its hard to beleive that men like this continue to perpetuate the cycle of racism by constantly bringing it into veiw. of course we should talk about racism but only when there has been a true racial misjustice act, (which there are MANY of but on a small scale) this is the issue that CAN be solved by literally talking it out and putting justice and equality before envy and hatred. The large platform of national politics and legal systems is better left for dealing with issues that plague the common american, that being said racism is not one of those issues but poverty is. On that subject there indeed should be much more national discussion and most importantly action.
m w on January 16, 2008, 10:00 AM
Its hard to beleive that men like this continue to perpetuate the cycle of racism by constantly bringing it into veiw. of course we should talk about racism but only when there has been a true racial misjustice act, (which there are MANY of but on a small scale) this is the issue that CAN be solved by literally talking it out and putting justice and equality before envy and hatred. The large platform of national politics and legal systems is better left for dealing with issues that plague the common american, that being said racism is not one of those issues but poverty is. On that subject there indeed should be much more national discussion and most importantly action.
Dr Doom on January 16, 2008, 1:14 PM
I agree. If you do not think that race exists in America today you are either naive or ignorant. Look at disproportionate sentences now in regards to "cocaine users and crack users" the two are virtually the same drug; however, the users are different because crack is cheaper and more affordable to blacks, where as cocaine is to whites. This is merely one example of structural racism that was built into our justice system.
Dr Doom on January 16, 2008, 6:14 PM
I agree. If you do not think that race exists in America today you are either naive or ignorant. Look at disproportionate sentences now in regards to “cocaine users and crack users” the two are virtually the same drug; however, the users are different because crack is cheaper and more affordable to blacks, where as cocaine is to whites. This is merely one example of structural racism that was built into our justice system.
RJ Scott on January 17, 2008, 8:04 AM
race and poverty bleed this and all countries, but they are allowed to by the ever increasing rift between the rich and the poor. that is the first issue that needs to be resolved if we can bring the country together in terms of income and what i like to call funbucks (income left over to do with what you like) then these petty differences like race and beliefs will fade and we can all take a step forward to realize that as different as we all are we are so much more the same.
m w on January 17, 2008, 8:41 AM
this is insane wasting time on such a trivial issue. Racism is just ONE of the MANY problems that are caused by unjust and unmoral actions and thoughts, and i find it hard to beleive that u can make everyone a just and righteous person which is what it would take for inequality to end. and why do we use the word racist if its against some1 of different origin and sexist if its of different gender? why not say inequality. it used to be called immorality or injustice. much more meaning ful words that relate to the larger issue which is the majority of people do not uphold justice and righteousness
m w on January 17, 2008, 8:42 AM
this is insane wasting time on such a trivial issue. Racism is just ONE of the MANY problems that are caused by unjust and unmoral actions and thoughts, and i find it hard to beleive that u can make everyone a just and righteous person which is what it would take for inequality to end. and why do we use the word racist if its against some1 of different origin and sexist if its of different gender? why not say inequality. it used to be called immorality or injustice. much more meaning ful words that relate to the larger issue which is the majority of people do not uphold justice and righteousness
Ceilidh Madigan on January 17, 2008, 11:15 AM
I've only gone 3 or 4 so far into reading these responses, but I feel a theme of trying to find 'the greatest issue to be resolved', and putting our choice in that #1 spot… I feel (although I voted disagree by mistake, they should allow some rescinds) that Mr. Carter's point was that race has fallen to far from the realm of major consideration, the realm of our "biggest issue" and that I must agree with. Being white but growing up since 5 very close with my best friend's family (mixed racial parents, italian father) gave me a perspective into black culture that I wouldn't even begin to understand the inequities of until high school. These issues take time and consideration in our hearts to fix, and public policy plants the seeds of that in our minds. If race becomes too much of a passable issue, classism isn't far behind… an easy decent with the fear factory pumping in the media.
RJ Scott on January 17, 2008, 1:04 PM
race and poverty bleed this and all countries, but they are allowed to by the ever increasing rift between the rich and the poor. that is the first issue that needs to be resolved if we can bring the country together in terms of income and what i like to call funbucks (income left over to do with what you like) then these petty differences like race and beliefs will fade and we can all take a step forward to realize that as different as we all are we are so much more the same.
m w on January 17, 2008, 1:41 PM
this is insane wasting time on such a trivial issue. Racism is just ONE of the MANY problems that are caused by unjust and unmoral actions and thoughts, and i find it hard to beleive that u can make everyone a just and righteous person which is what it would take for inequality to end. and why do we use the word racist if its against some1 of different origin and sexist if its of different gender? why not say inequality. it used to be called immorality or injustice. much more meaning ful words that relate to the larger issue which is the majority of people do not uphold justice and righteousness
m w on January 17, 2008, 1:42 PM
this is insane wasting time on such a trivial issue. Racism is just ONE of the MANY problems that are caused by unjust and unmoral actions and thoughts, and i find it hard to beleive that u can make everyone a just and righteous person which is what it would take for inequality to end. and why do we use the word racist if its against some1 of different origin and sexist if its of different gender? why not say inequality. it used to be called immorality or injustice. much more meaning ful words that relate to the larger issue which is the majority of people do not uphold justice and righteousness
Ceilidh Madigan on January 17, 2008, 4:15 PM
I’ve only gone 3 or 4 so far into reading these responses, but I feel a theme of trying to find ‘the greatest issue to be resolved’, and putting our choice in that #1 spot… I feel (although I voted disagree by mistake, they should allow some rescinds) that Mr. Carter’s point was that race has fallen to far from the realm of major consideration, the realm of our “biggest issue” and that I must agree with. Being white but growing up since 5 very close with my best friend’s family (mixed racial parents, italian father) gave me a perspective into black culture that I wouldn’t even begin to understand the inequities of until high school. These issues take time and consideration in our hearts to fix, and public policy plants the seeds of that in our minds. If race becomes too much of a passable issue, classism isn’t far behind… an easy decent with the fear factory pumping in the media.
m w on January 18, 2008, 7:08 AM
yes well it all falls under one word INEQUALITY, lets just use that and stop trying to classify ourselfs because we're coloured or below middle class. INequalility is all it is drop the veiled partial terms.
Kristin Lyman on January 18, 2008, 7:29 AM
I agree with Stephen Carter in that there are many different "issues" that if focused upon, can lead to greater equality and general happiness. (Happiness not being a buzzword these days, but I think it encompasses peace, self-fulfillment and self-determination.) Race and poverty are two of them. I tend to see our contemporary social infirmities as a result of our underfunded, overburdened Educational System. When state budgets are in crisis, funding for education is often the first on the chopping block. Without education, the gap between the rich and the poor widens, crime increases and opportunities for future betterment are sacrificed with leads to poverty and a basic fight for survival.
William Green on January 18, 2008, 12:05 PM
I agree with Carter's observations on American politics. Prioritizing which problems to solve first is subjective, so everyone has their own opinion. The problem has always risen when disagreement happens. I hate the phrase "agree to disagree", asif compromising is impossible. Maybe I'm just being young and nieve for saying this, but I believe there's always some middle ground in any issue.
m w on January 18, 2008, 12:08 PM
yes well it all falls under one word INEQUALITY, lets just use that and stop trying to classify ourselfs because we’re coloured or below middle class. INequalility is all it is drop the veiled partial terms.
Kristin Lyman on January 18, 2008, 12:29 PM
I agree with Stephen Carter in that there are many different “issues” that if focused upon, can lead to greater equality and general happiness. (Happiness not being a buzzword these days, but I think it encompasses peace, self-fulfillment and self-determination.) Race and poverty are two of them. I tend to see our contemporary social infirmities as a result of our underfunded, overburdened Educational System. When state budgets are in crisis, funding for education is often the first on the chopping block. Without education, the gap between the rich and the poor widens, crime increases and opportunities for future betterment are sacrificed with leads to poverty and a basic fight for survival.
William Green on January 18, 2008, 5:05 PM
I agree with Carter’s observations on American politics. Prioritizing which problems to solve first is subjective, so everyone has their own opinion. The problem has always risen when disagreement happens. I hate the phrase “agree to disagree”, asif compromising is impossible. Maybe I’m just being young and nieve for saying this, but I believe there’s always some middle ground in any issue.
Ray Borradale on January 22, 2008, 12:15 AM
RayB
I am in agreement with Professor Carter; to a degree. Courts don't deliver justice.
But to a much greater degree I would have to suggest that the greatest issue facing the legal system is not what we can expect from politicians THE issue must be an apathetic population that allows injuctice and allows politicians to avoid delivering justice through righteous legislation devoid of corrupt influence from those who abuse financial power.
Transparent and accountable government would be refreshing.
Ray Borradale on January 22, 2008, 5:15 AM
RayB
I am in agreement with Professor Carter; to a degree. Courts don’t deliver justice.
But to a much greater degree I would have to suggest that the greatest issue facing the legal system is not what we can expect from politicians THE issue must be an apathetic population that allows injuctice and allows politicians to avoid delivering justice through righteous legislation devoid of corrupt influence from those who abuse financial power.
Transparent and accountable government would be refreshing.
baraca yo-bama on January 26, 2008, 6:23 AM
Justice reflects the morality of the community to which it serves.
Poverty is an incentive to competition.
Government, political, or judicial interventionistic charity will not eradicate poverty.
Oh and by the way, by a global standard, there are NO poor people in the United States of America. More than half of the worlds racialy mixed population lives in Extreme starvation type poverty.
Get over yourself Steve.
baraca yo-bama on January 26, 2008, 11:23 AM
Justice reflects the morality of the community to which it serves.
Poverty is an incentive to competition.
Government, political, or judicial interventionistic charity will not eradicate poverty.
Oh and by the way, by a global standard, there are NO poor people in the United States of America. More than half of the worlds racialy mixed population lives in Extreme starvation type poverty.
Get over yourself Steve.
Michael Ing on January 30, 2008, 7:39 AM
If our society were race-neutral with prosperous,economic equality, would it look much different than it does now? Yes. And not only that, our society would be in a better position to resolve other challenges.
Sadly, if the ice caps hadn´t melted a bit, we would not notice looking around.
Michael Ing on January 30, 2008, 12:39 PM
If our society were race-neutral with prosperous,economic equality, would it look much different than it does now? Yes. And not only that, our society would be in a better position to resolve other challenges.
Sadly, if the ice caps hadn
J Loewe on February 10, 2008, 5:09 PM
"Racist" is a label that makes most North Americans shudder which is probably why people shy away from a discussion of it – particularly with someone as erudite as you, Professor Carter. If I was on a televised panel with you bringing up the topic of racism, I would find it truly terrifying and just listen and nod my head – which confirms your belief that North America has shut down the debate on the topic. I would rather leave it as the bumper sticker and would choose "I have a dream…"
J Loewe on February 10, 2008, 10:09 PM
“Racist” is a label that makes most North Americans shudder which is probably why people shy away from a discussion of it – particularly with someone as erudite as you, Professor Carter. If I was on a televised panel with you bringing up the topic of racism, I would find it truly terrifying and just listen and nod my head – which confirms your belief that North America has shut down the debate on the topic. I would rather leave it as the bumper sticker and would choose “I have a dream…”
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