Mark Fischler (Part 2) – Building a Just World: How Our Laws Express Our Collective Values, and the Challenge of Uplifting Our Values, Law, and Society

Mark Fischler collective values

Constitutional law expert and criminal justice professor Mark Fischler has a thirst for justice and a gift for teaching. With cogency and passion, Mark explains that law is not the absolute that we perhaps thought, but an ever changing reflection of the values we hold as a society. Law is a developmental process, and will benefit from our own dedication to inner moral development. Mark shows how the law can (and has) become ever more inclusive, with the potential to serve and uphold the dignity of all peoples, all beings. Because of its abstract clauses, there is room in the Constitution to interpret the law in ways that are attuned with our pluralistic society. Mark calls on us to come together and decide what we value as a people—there is no mandate in democracy that all decision making power must reside in the hands of the Supreme Court, which has only had the sort of unilateral power it enjoys today since the 1950s.

This is no dry, legalistic conversation, but a truly illuminating vision of the potential of the law to embody justice, inclusivity, compassion. It is also a solid overview of where we have come from and where we are now, referencing many landmark rulings of the Supreme Court. Finally, this is spiritually inspiring as well—Mark tells the story of the transformational epiphany he had as a young man that led to his career as a public defender, onto the spiritual path, and eventually to become a well-respected, award-winning professor of criminal justice. Mark’s perspective on the law is far ranging, embracing human rights, animal rights, the rights of all beings. It comes from a place of deep care and compassion: “What is the happiness that the Declaration of Independence talks about, what is suffering?” Be inspired by Mark’s wise and knowledgeable teachings and the potential of the law to create a just society for all. Recorded January 4, 2023.

“Law is our collective coming together and deciding what we value as a people.”

Enjoyed this episode?

Buy Roger and John A Coffee

Topics & Time Stamps – Part 2

  • The 4th branch of government: administrative agencies like the EPA that implement policies are now under very specific guidelines from the legislature (01:40)
  • Abstract language in the Constitution requires interpretation and the challenge of finding balance between restrictively specific guidelines and abstract directives (06:45)
  • The history of the Supreme Court and how the Court is 10–20 years behind the rest of the culture’s center of gravity (09:44)
  • The doctrine of originalism: is the Constitution a fixed document? (12:36)
  • Ronald Dworkin, primary legal philosopher of his generation: “The law is absolutely an act of interpretation.” (15:55)
  • Originalism’s effect on Brown v. Board of Education, the Equal Protection Clause, and Plessis v. Ferguson (16:35)
  • Abraham Lincoln was competing with the courts on slavery—his point of view was far more holistic, respecting the equal dignity of all people (20:47)
  • We all need to be involved in the determination of fundamental human rights and not leave it up to the Supreme Court (24:24)
  • Our Constitution, because of the abstract clauses, allows us ways to start to relate differently to our environment and all beings (26:00)
  • The law is a social institution embodying the ways we agree to relate to each other as a society (28:09)
  • We need to become conscious that law is a developmental process, becoming more and more inclusive over time (29:18)
  • Theories of justice and how to build a just society: integrating Immanuel Kant’s categorical imperative, universalizability, Aristotle’s virtue-based right action, Steve McIntosh’s observable piece, the utilitarian what’s the greatest good for the greatest number, and John Rawls’ justice as fairness (31:59)
  • Using Integral to help us apply inclusivity to the law (35:32)
  • Animal rights and our relationship to property, to the Earth (37:39)
  • Is there a legal way to support people in the pursuit of self-actualization? (43:17)
  • What is the happiness that the Declaration of Independence talks about, what is suffering? (46:15)
  • Law is our collective coming together and deciding what we value as a people and this requires inner moral development (47:40)
  • Peacemaking ethics: care, connection, mindfulness (53:22)
  • The collective trance we live in (55:51)
  • A call to participate in our democratic process: we can influence our laws, our communities, and make this world a better place (58:34)

Resources & References – Part 2

* As an Amazon Associate, Deep Transformation earns from qualifying purchases.

Mark Fischler Building a Just World

Mark Fischler is a Professor of Criminal Justice and current program coordinator for the criminal justice and criminology programs at Plymouth State University. Prior to joining the Plymouth State faculty, he practiced law, representing poor criminal defendants for the New Hampshire Public Defender’s Office. Mark left the law after being guided by the Universe to focus on his Spiritual Awareness for almost two years. Upon his return, he was called to become a teacher and accepted a job at Plymouth State in 2003.

 Since then, Mark has worked extensively with alternative theoretical models in law, constitutional law, and higher education, and has published on integral applications to teaching, being a lawyer, and legal theory. In his time at the university, he’s been a chair, Dean, and Interim VP. His focus in the classroom is ethics and criminal procedure and constitutional law. He is well respected for a teaching philosophy that emphasizes recognizing the humanity and dignity of each student. Professor Fischler was awarded the outstanding teaching award at his university in 2014. He currently offers a weekly Spiritual Inquiry class for college students.

Podcast produced by Vanessa Santos and Show Notes by Heidi Mitchell

 Presented by iAwake Technologies’ innovative, sound tech infused, brain wave entraining audio track

The Universe is Friendly!

“Really helps you get in the wonder state, where it is much easier to work on blockages.”

~ Janita Zoer

Cover Art of The Universe is Friendly! from iAwake Technologies
Listen to a sample of 01 Deep Space (Delta)
Listen to sample of 02 Oceanic (Theta, ASMR)

“The delta track is the most effective iAwake program yet for helping me get quality sleep. When I want to sleep, it consistently helps me to quickly access a state of deep sleep, and I awaken refreshed, energized, and without any grogginess. The delta track is also great for a deep relaxation meditation wherein I completely clear my mind – my meditations with this program were deep even by iAwake standards. And I think law of attraction practitioners will enjoy using the theta track for visualizing manifestations and goal setting. It doesn’t merely play space music – it takes the listener into the space of possibilities from which creation happens.”

~ Michael Halbfish

iAwake Technologies was founded in 2010 with the mission of helping the world to heal, wake up, and evolve, through creating and offering cutting-edge, transformational technologies and promoting and inspiring their skillful use in our daily lives.

iAwake’s unique approach to session design entrains both our nervous and our subtle energy systems by combining traditional entrainment methods with newer applications based on the power of resonance. In addition to increasing intelligence, creativity, flow, and skillfulness in practically any activity that requires the human body-mind, with iAwake Technologies, we enter into deep healing brainwave states almost immediately while listening to these audio tracks.

To see what we are talking about, download a free sample of Stealing Flow’s Warm-up track here for a 25-minute, full-spectrum, whole-brain workout.

“I have enjoyed many [meditation technologies] but my VERY favorite meditations come from a company called iAwake Technologies. The science behind their technology is impeccably researched and I don’t think I have ever gone so deep into my practice as when I use their meditation tracks. Actually I bought so many and sent so many people to their website, they wrote to find out who the heck I was!”

~ Colette Baron-Reid, world-renowned intuitive counselor, psychic medium, author, TV personality, and radio host. They call her the Oracle.