Two professors who call their work “demosprudence” are attempting to understand the relationship between constitutional law and constitutional culture, a network of basic agreements defined as being “informed by the collective wisdom of the people.”
Lani Guinier, a Harvard Law School professor, and Gerald Torres, law professor at the University of Texas, delivered their lecture “Changing the Wind: The Demosprudence of Law and Social Movements” on Thursday, Oct. 23, at the William W. Knight Law Center.
The lecture, sponsored by the Wayne Morse Center for Law and Politics, focused on defining the idea of demosprudence, a term which Guinier and Torres coined while collaborating on the book “The Miner’s Canary: Enlisting Race, Resisting Power, Transforming Democracy.”
The goal of demosprudence is to explore the dynamic relationship between social movements and legal change, as well as how the efforts of mobilized citizens can inspire change in the American legal system. Even if the incumbent judges or politicians do not change their views, a connection between constituents and their leaders can lead to progress, the professors said.
The lecture emphasized that small, local voices can have a big impact in America today. “We need to remind ourselves that there are a lot of little voices out there,” Torres said. “Unless there’s activity at the local level, issues remain abstract.”
The idea of demosprudence resonated with University sophomore Eric Hersey. “They were speaking to the power of the people,” Hersey said.
Guinier cited how the efforts of thousands of regular citizens throughout the American civil rights movement led to the passage of a voting rights act, rather than the solo efforts of Martin Luther King, Jr. or other recognizable names of the era.
Torres was adamant that even in a time of economic turmoil, demosprudence could work towards the betterment of the country. “One of the great things about living in a crisis,” he said, “is great things can happen.”
When asked if there had been a recent pivotal social movement that gave rise to a leader like Martin Luther King, Jr., Guinier was quick to reference the current presidential election. She noted that Barack Obama’s work as a community organizer likely was a large part of his success in mobilizing support for his campaign at local levels.
The Wayne Morse Center is sponsoring another lecture on Nov. 14. Speakers from the National Lawyers Guild and the Center for Constitutional Rights will speak at the Knight Law Center about citizens and the growth of executive power in politics.
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Law and culture blend at local levels
Daily Emerald
October 26, 2008
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