Lawyers must play a critical role in uniting our nation

Unity is strength. The wisdom of this truth has been known since antiquity and is reflected in Greek fables, such as Aesop’s tales of The four oxen and the lion And The bundle of sticksand Chinese stories, such as The five Chinese brothers.

Such a version appears as a political warning and moral parable three times in the Christian gospels of the Bible in Mark (3:25), Matthew (12:25), and Luke (11:17). It is translated from the Greek as follows: “If a house is divided against itself, it cannot stand,” and “Every kingdom divided against itself is brought to desolation, and every city or house divided against itself cannot stand.”

Such universal proverbs have given support and guidance to modern democracies in theory and practice since their inception through terrifyingly dangerous times.

Yet today, Americans “in the breach” cling to the aphorism of unity that was invoked again and again by revolutionary patriots and the Founding Fathers, found its place in national flags and mottos, and was memorably uttered by presidents such as Abraham Lincoln (“A house divided cannot stand.”) and George W. Bush (“I am a uniter, not a divider.”) It is a phrase that has found its way into the lyrics of many popular songs, including even Taylor Swift’s “Death by a Thousand Cuts.”

While this is easy to phrase as a reassuring phrase, persuading our divided peoples to come together and work for the common good has always been very difficult, and at present it is extremely difficult, if not seemingly impossible.

As a result, we can feel surrounded by darkness for long periods of time. The grim hound of depressing pessimism, if not despair, is fed by incessant bad news about multiple wars, the ugly tenor of elections at home and abroad, a border crisis, a bridge collapse, weather disasters of biblical proportions, injustice, inequality, and all manner of violence.

At times like these, it is not surprising that people seek solace by retreating into their own little world and reminiscing about happier times, or by trying to find instant but temporary gratification in a cocktail of distracting entertainment.

A better, but much more difficult, way is to tackle our problems head-on, keeping noble long-term goals in mind, as Lincoln did. His three most famous speeches—”A House Divided” (1858, when he accepted the Republican nomination to run against incumbent Democratic U.S. Senator Stephen Douglas of Illinois), the Gettysburg Address (1863), and his stirring prayer for reconciliation in his second inaugural address (1865)—were all delivered at a time no less perilous than our current circumstances.

About 40 days before his assassination, Lincoln concluded his second oath of office ceremony with these words: “With no malice toward none, with charity toward all, with firmness in the right as God would show us, let us strive on to finish the work we have begun, to bind up the wounds of the nation, to care for him who won the battle, and for his widows and orphans, to do all things which may achieve and preserve a just and lasting peace among ourselves and with all nations.”

Lawyers and law students would do well to read these three texts again and again. They offer a master class in purposeful advocacy and inspiring lessons on the virtues of civic duty. Reflecting on these extraordinarily eloquent, powerful passages also shows how dedicated lawyers—like one of the greatest, Lincoln—and legal educators can and do play key roles in continuing the unfinished symphony of the American constitutional system.

To fulfill this mission, the deans of more than 100 American law schools joined forces and published the following letter:

“Lawyers play a critical role in maintaining our constitutional democracy. President John F. Kennedy noted of the sustained commitment required to maintain such a system of government: ‘Democracy is never a final achievement. It is a call to tireless effort…’ We are therefore grateful to the American Bar Association’s Task Force on American Democracy for its efforts to protect and preserve the rule of law and the ideals of our profession. As deans of law, we affirm that the education of the next generation of lawyers should include these important elements:

• We teach our students to uphold the highest standards of professionalism, including a duty to support our constitutional democracy and, in accordance with the Model Rules of Professional Conduct, to “enhance public understanding of and confidence in the rule of law and the judicial system.”

• Offering courses, workshops and events on the rule of law and democracy, and sharing educational materials through a new clearinghouse that the American Bar Association is currently establishing.

• We teach our students to respectfully disagree and to engage across party political and ideological boundaries.

• We encourage our students to support and defend the Constitution and the rule of law through clinical work, public education, and advocacy.

Supporting public education and events that focus on the rule of law and the values ​​of our constitutional democracy.

We call on all members of the legal profession to join us in the important work ahead.”

Finally, academic institutions are often called upon to act as field hospitals for wounded democracies. This was the case in 1941, when three-quarters of the world was embroiled in armed conflict. After receiving an honorary doctorate in law from the University of Rochester in upstate New York, where his mother was born, Winston Churchill proclaimed: “United we are strong, divided we are weak.”

Churchill’s determined, courageous final speech was delivered to American audiences by transatlantic radio broadcast from his beleaguered London. In one of democracy’s darkest moments, Churchill’s stirring final speech reminded the free world why working together with faith in ourselves, hope, and service to others justifies the optimism to overcome the worst, almost unimaginable adversity.

Even 83 years later, we can still resist our worst demons and follow humanity’s better angels. Given the current fiery divisions and emotions driving us apart, lawyers must help reframe public discussion on the contentious issues of our time.

In these circumstances, the hallmarks of our learned profession – courtesy, decency and cooperation – can be put to good use to show the way. It will not be easy, but it is never easy to turn the other cheek.

Fortunately, American law schools have recommitted themselves to sending reinforcements to defend and strengthen democracy. Like the best lawyers, our new lawyers are trained to solve difficult problems.

Nicholas W. Allard is the successor to Randall C. Berg Jr.’s founding dean of Jacksonville University College of Law in Florida, and previously served as president and dean of Brooklyn Law School in New York. Allard has served as chair of the ABA’s Standing Committee on the Law Library of Congress, chair of the Communications Committee, a member of the ABA’s Government Relations Committee, and a member of the Task Force on Lobbying Reform.

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This column reflects the opinions of the author and does not necessarily reflect the views of the ABA Journal or the American Bar Association.