Posts Tagged ‘Constitutional Law’
Mark Fischler (Part 2) – Democracy in Decline? Making Sense of the Supreme Court, the Trump Trials, and Threats to Public Morality
Ep. 136 (Part 2 of 2) | Criminal justice professor and constitutional law expert Mark Fischler does a brilliant job of deepening our understanding of the challenges facing our democracy, our legal system, and our public morality. How did the democratic process and the values it represents—equality and liberty for all—come to be teetering on the brink? Mark illuminates the fact that the Constitution is not a set-in-stone document, but eminently open to interpretation, and explains that its interpretation is a direct reflection of the worldviews of the Supreme Court justices. In fact, the whole process of democracy needs to be aligned with a certain level of development in order to deliver. Mark points out that democracy hasn’t served all of us, and urges us to explore who and in what ways it has failed, that we may work to correct its flaws and continue to uphold and expand the values foundational to democracy to include respecting and protecting the rights of all beings.
Mark contrasts the moral integrity of revered public figures such as Socrates and Dr. King, who honored the rule of law despite that it went against their own self interest, with the disregard for the law so prevalent among political figures today, and points out that democracy can be subverted not only by malicious intent, but also by misplaced idealism—when people feel that supporting a charismatic leader or ideology is more important than supporting the principles of democracy. With regard to the Trump trials, the question arises, is any human above the law? Mark also shares where he finds hope—in his own university students with their openness to a deeper ethical understanding and responsibility and willingness to undertake civic action. Mark urges all of us who care about democracy to become engaged now. His wise, integral, highly informed insights about the current state of the legal system and of democracy, here and around the world, are revelatory, alarming, and inspiring in turn. Recorded May 22, 2024.
Read MoreMark Fischler (Part 1) – Democracy in Decline? Making Sense of the Supreme Court, the Trump Trials, and Threats to Public Morality
Ep. 135 (Part 1 of 2) | Criminal justice professor and constitutional law expert Mark Fischler does a brilliant job of deepening our understanding of the challenges facing our democracy, our legal system, and our public morality. How did the democratic process and the values it represents—equality and liberty for all—come to be teetering on the brink? Mark illuminates the fact that the Constitution is not a set-in-stone document, but eminently open to interpretation, and explains that its interpretation is a direct reflection of the worldviews of the Supreme Court justices. In fact, the whole process of democracy needs to be aligned with a certain level of development in order to deliver. Mark points out that democracy hasn’t served all of us, and urges us to explore who and in what ways it has failed, that we may work to correct its flaws and continue to uphold and expand the values foundational to democracy to include respecting and protecting the rights of all beings.
Mark contrasts the moral integrity of revered public figures such as Socrates and Dr. King, who honored the rule of law despite that it went against their own self interest, with the disregard for the law so prevalent among political figures today, and points out that democracy can be subverted not only by malicious intent, but also by misplaced idealism—when people feel that supporting a charismatic leader or ideology is more important than supporting the principles of democracy. With regard to the Trump trials, the question arises, is any human above the law? Mark also shares where he finds hope—in his own university students with their openness to a deeper ethical understanding and responsibility and willingness to undertake civic action. Mark urges all of us who care about democracy to become engaged now. His wise, integral, highly informed insights about the current state of the legal system and of democracy, here and around the world, are revelatory, alarming, and inspiring in turn. Recorded May 22, 2024.
Read MoreMark Fischler (Part 2) – Building a Just World: How Our Laws Express Our Collective Values, and the Challenge of Uplifting Our Values, Law, and Society
Ep. 82 (Part 2 of 2) | 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.
Read MoreMark Fischler (Part 1) – Building a Just World: How Our Laws Express Our Collective Values, and the Challenge of Uplifting Our Values, Law, and Society
Ep. 81 (Part 1 of 2) | 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 knowledgable teachings and the potential of the law to create a just society for all. Recorded January 4, 2023.
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