Making Justice Real
By
By
Dean William C. Hubbard[1]*
I am so pleased to welcome all of you to the University of South Carolina Joseph F. Rice School of Law. I’m excited about this timely and important symposium and am so glad to see so many of you in the audience. I look forward to learning together.
My name is William Hubbard, and I have the privilege of serving as Dean of this outstanding law school. It was a treat for me to participate on the periphery of the planning of this Symposium. I commend the Law Review’s Editor-in-Chief, Katie Frank, for her outstanding leadership. I also congratulate Claudia Desimone and Latia Harvin for their leadership as symposium editors, as well as the entire staff of the Law Review. I also thank Professor Elizabeth Chambliss for her participation in the planning and execution of this event, as well as Ronée Woodley for her administrative support.
Judge Learned Hand is perhaps the greatest American judge not to serve on the U.S. Supreme Court. On May 21, 1944, just days before the D-Day invasion on the beaches of Normandy, he spoke before thousands in Central Park in New York, many of whom were new immigrants to the United States, at the vast “I am an American Day” ceremony.[2] His remarks were entitled “The Spirit of Liberty.”[3] He said this:
Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it.… And what is this liberty which must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not freedom to do as one likes. That is the denial of liberty, and leads straight to its overthrow. A society in which men recognize no check upon their freedom soon becomes a society where freedom is the possession of only a savage few….[4]
Indeed, a society that does not understand how its government works—and is thereby prepared to defend its principles and institutions—becomes a society in which freedom and liberty become the possession of a savage few.
At present, there is a fundamental distrust in our institutions and the very framework of society. Confidence in government accountability—the belief that a high ranking official would face consequences for misconduct—is down 16% since 2016.[5]
Today, only two in ten Americans trust the federal government to do what is right just about always or most of the time.[6] In 1964, eight in ten Americans had this trust in our Federal Government.[7] Today, seven out of ten Americans say that America is no longer a good example of democracy.[8]
Lack of civics knowledge decreases people’s support for democracy and instead exponentially increases support for authoritarianism.[9] One in six Americans cannot name a single branch of government.[10] In the past thirty years, the proportion of Americans who believe it would be good or very good for the army to rule our country has soared from one in sixteen to one in six.[11]
One in four Americans say violence against the government is sometimes okay.[12] Only 54% of adults ages eighteen to twenty-nine in this country believe that democracy is the best form of government.[13]
At the annual meeting of the American Law Institute on May 20, 2019, then Justice Anthony Kennedy said, “Democracy presumes that there will be a consensus based on thoughtful debate.”[14] Quoting Plato and Aristotle, Justice Kennedy noted they “gave a low grade to democracy . . . because they thought democracy did not have the capacity to mature.”[15] Kennedy continued, “[i]t is our destiny to prove them wrong” and said “at [this] moment, we are not doing that.”[16] These words were spoken in May 2019, a year and a half before January 6, 2021.
So, what can we do to bolt down the armor of democracy—to stem its erosion and restore confidence in our institutions of government?
First, we must address the civics crisis. Thomas Jefferson said: “An educated [citizen] is a vital requisite for survival as a free people.”[17] Franklin Roosevelt said pointedly: “Democracy cannot succeed unless those who express their choices are prepared to choose wisely. The real safeguard of democracy, therefore, is education.”[18]
The United States, despite its current challenges and the divisions among our people, is still the beacon of freedom, liberty, and opportunity for the world. Our system is far from perfect in application. It does indeed falter. But if we work to preserve and strengthen the rule of law, we will remain that beacon. Indeed, we must. In the words of then ABA President Lewis Powell, of Richmond, Virginia, and United States Supreme Court Justice: “The only viable alternative to the rule of force is the rule of law.”[19] We must all be advocates for the protection and preservation of the rule of law.
Lawyers have an even higher duty. Rule 407 of the South Carolina Rules of Professional Conduct states:
(1) A lawyer, being a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice. . . .
(6) As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession. As a member of a learned profession, a lawyer should cultivate knowledge of the law beyond its use for clients, employ that knowledge in reform of the law and work to strengthen legal education. In addition, a lawyer should further the public’s understanding of and confidence in the rule of law and the justice system because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority….
(13) Lawyers play a vital role in the preservation of society….[20]
As this Symposium so thoughtfully explores, the rule of law is not merely a legal concept—it is a shared responsibility. By bringing together students, scholars, and practitioners for meaningful discussion, we take an important step toward strengthening public trust in our institutions. I hope the conversations reflected in these pages continue to encourage thoughtful engagement with the challenges we face—and the role each of us can play in supporting the rule of law.