The Law and Lawyers: Democracy's Bulwark Page: 3 of 4
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phrase were not a reality for us, Richard Nixon might still be president or Reagan
might still be in office and Oliver North might be Secretary of Defense, instead of a
defendant in a trial in which he is charged with criminal wrongdoing.
The rule of law, the law and lawyers keep us from behaving as if we were a
Banana Republic. Our system seeks to guarantee that each citizen gets justice and
that justice is denied no one. What is justice? Justice is fairness. It is the first
virtue of all human institutions. It is an endemic value in our democracy. Justice.
Alan Dorshowing tells the story of a lawyer who had just won an important case, the
lawyer rushed to the telephone to send a wire to his client. The wire stated, "Justice
Prevailed." The client wired back, "Appeal Immediately." Justice sometimes means
different things to different people.
In 1831 Alexis de Tocqueville toured America with his friend Beaumont. They
were ostensibly here to inspect prisons in this country. In truth de Tocqueville was
struck by this form of government and wrote a seminal work, Democracy in America.
Under a section entitled causes which mitigate the meaning of the majority in the
United States there is a subtitle, "The Profession of the Law serves to Counterpoise
the Democracy." de Tocqueville wrote, "In visiting the Americans and studying their
laws, we perceive that the authority they have entrusted to members of the legal
profession, and the influence which these individuals exercise in the government is
the most powerful existing securing against the excesses of democracy."
We are protectors and defenders of Americas faith. We are trustees. We are
trustees of the common good. We are pragmatists and idealists. We are proud and
we are humble. We believe in people, ALL people and in their capacity to do the
right and the good. Trust us. You see we are lawyers. That's right, lawyers all.
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Jorda, Barbara C. The Law and Lawyers: Democracy's Bulwark, text, March 28, 1989; (https://texashistory.unt.edu/ark:/67531/metapth611507/m1/3/: accessed May 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas Southern University.