I see, from my vantage point as the vice-chair of the Legal Services Corporation, a serious crisis going on in this country. Eighty percent of low-income people have no access to the civil justice system, meaning anything but criminal law.
Martha MinowObama is not just a powerful speaker, but a thinker engaged with the ideas of his country and his age--this argument by historian James Kloppenberg should therefore fascinate anyone interested in American politics or how ideas shape public life. Tracing the influences of Obama's family, educational, and work experiences on his ideas, Reading Obama locates a unique individual in the crosscurrents of American democracy and continuing fights over American ideals.
Martha MinowI think the problem is, if we foreclose any public justice, then we cut off the virtuous cycle that's represented by law, where there are public decisions which then deter misconduct in the future. We need to have both. We need to have private dispute sy-, systems, and we need to have public dispute systems.
Martha MinowLet's put it in perspective at the United States Supreme Court, which hears maybe 60 cases a year, most of the cases are resolved without much dispute. The 10 or 15 that are controversial we all know about, and we hear about. The federal courts hear just a tiny sliver of the cases that go to court in this country. Most of the cases are in the state courts. And most legal issues never go to court. So, the legal system is actually not in jeopardy. At the same time, access to law is in jeopardy.
Martha MinowThe United States Constitution builds politics right into the process of selecting federal judges. This third branch, the judiciary, is designed to have a longer view. To have individuals who are more insulated from politics. They're not elected directly. They're appointed for life. So, politics enters, but it's also, controlled. And if you bypass this process, I'm not sure what we do.
Martha MinowOne of the paradoxes of liberal societies arises from the commitment to tolerance. A society committed to respecting the viewpoints and customs of diverse people within a pluralistic society inevitably encounters this challenge: will you tolerate those who themselves do not agree to respect the viewpoints or customs of others? Paradoxically, the liberal commitment to tolerance requires, at some point, intolerance for those who would reject that very commitment.
Martha Minow