Ideology, Morality and the Law

I've been a lawyer for many years.  A practicing lawyer has little time to devote to a review of the status of the law in general, being concerned with its application to certain circumstances.  So, my focus on the law and the legal system has usually been narrow--what law applies to a given matter, what does it say, how is it to the advantage or disadvantage of the client, is the judge experienced with such cases?

In order for the status of the law or legal system in general to rouse the concern of the practicing lawyer, some significant event must take place which "shocks the conscience" of an attorney.  That's a legal phrase used for the most part to refer to something egregious which provokes someone or something, usually a court, to call for or provide a remedy.  

It may be that the technology of our times, which allows for the communication of information and opinions instantly and in a ubiquitous fashion, brings such events to our attention more frequently than in the past, but I think that there are more and more instances of conduct on the part of lawyers and judges that shock the conscience than there have been in the past.

Consider the many lawyers who pursued baseless claims of fraud related to the 2020 election.  Consider the conduct of Justices of the Supreme Court which have been mentioned in this blog, news of which seems to appear on almost a daily basis, which raise questions of ethics and impartiality.  Consider the actions of a novice Federal District Court Judge ignoring the recommendations of senior judges that she should recuse herself from a matter in which the defendant appointed her to the federal bench, and the eagerness with which she delays the trial of the matter to the benefit of the defendant.  

Unfortunately, it's likely that corruption based on financial inducement has always been a feature of the legal system.  The extent of that corruption varies with time and place, but it would be foolish to think it has never been a factor.  It's also likely that the legal system benefits the rich and powerful more than it does others, and has always done so.

But I don't recall ideology (including religious ideology) playing so large and obvious a part in the law while I've been a lawyer, until lately.  There were complaints aplenty by conservatives regarding liberal judges, particularly during the 1960s, but ideology then wasn't broadcast, and indeed flaunted, like it is now. I suspect this is the case because the law is being treated by some of us more and more as enforcing and imposing a religious code of conduct, or at least one which purports to impose moral standards by law.  When that isn't expressly stated to be the motivation behind laws and legal decisions, those political agents perceived to favor particular moral standards are favored by them.

More and more we see reference made by legislators and judges to religion, and most especially the Christian religion.  Most recently, the State of Louisiana, admittedly never known for its tolerance or respect of minorities or their opinions in most instances, required by law that the Ten Commandments be displayed (if not brandished) in every public school room.  As noted elsewhere in this blog, a Supreme Court Justice has said he considers the function of the law to return the nation to godliness.  The Chief Justice of the Alabama Supreme Court justified a 19th century law banning abortion on the fact that the people of that State justly feared the wrath of God.  

H.L. Mencken, the legendary Sage of Baltimore, noted in the quote appearing atop this post that whoever attempts to impose moral conduct on others through the law is most likely a scoundrel.  I think this is true.  Those who claim that the law should be used to impose morality, I would maintain, don't do so because they wish to promote morality, but because they seek to impose rules which favor them, their beliefs, their property, their power, and control the conduct of others who may threaten them--including that of their children.  

History is full of moral hypocrisy; the self-proclaimed holy and self-righteous who are found to violate the code of conduct they claim should apply to humanity in general are common.  But the corrupt won't hesitate to question the morality of those who stand in their way or disagree with them.  

So the statements made by legislators and judges are more and more essentially a shrill condemnation of conduct they oppose on moral grounds, rather than a reasoned consideration of the rules of law and the circumstances, and the civil rights of others.