The United States legal system is imperfect, Boston University School of Law dean Ronald Cass said Friday morning during a debate organized for the 2003 Massachusetts Bar Association’s annual conference.
Cass argued with Massachusetts Supreme Judicial Court associate justice Robert J. Cordy during what was termed a ‘friendly’ debate at the Boston Sheraton Hotel. The debate focused on ‘the rule of law’ in America and the effort to help correct the mistakes of the legal system in order to instill confidence into American citizens for the future. The debate’s theme is also the topic of Cass’ new book, ‘The Rule of Law in America.’
Cass focused in particular on the nonsensical nature of some American laws during his comments. He also said many American laws overlap, though certain laws are quite clear.
Cass also discussed the complexity of some judicial decisions based on America’s laws. He acknowledged that with 90 million cases going before the court, some number of those decisions will be wrong. Overall, he said, the judicial system itself is far from perfect.
‘We will be responsible as lawyers to stop worrying about whether judges can be controlled and to start worrying about changing the system,’ Cass said.
Immediately following Cass’ comments, Cordy said ‘I agree with all of that, thank you,’ in keeping with the friendly nature of the debate.
Cordy said talking about Cass’ book comprehensively is a ‘daunting task.’ Cordy said though Cass used ‘tight-woven and concise’ methods in making his arguments, the book could not be ‘understood while drinking wine.’ If one is compelled to do so, ‘it is best read with white,’ he said.
Cordy praised the American legal system, calling on his colleagues to ‘focus more broadly on the system of justice’ because, he said, rule of law is a ‘study of broadening.’ Political scientists and observers, including Alexis de Toqueville, thought the system was special and unique, even at the very beginning, he said.
Cordy also said many European governments modeled their systems after our system of justice.
‘It is ailing that people are frightened and intimated by [the American Legal system],’ Cordy said.
While agreeing the points Cass made in his book were interesting, Cordy said there cannot just be one answer. He said the legal system must become ‘more efficient’ to fix the mistakes that have been made in the past.
More than 100 members of the Massachusetts Bar Association listened to Cass and Cordy debate. While both Cass and Cordy offered opinions on the matter at hand, the ‘friendly’ nature of the debate was maintained throughout.
At the end of the debate, Cass offered his last key recommendation.
‘Increase the salaries of judges,’ he said.
Cass began his teaching career at the University of Virginia and joined the BU School of Law faculty in 1981. He has been the vice-chairman of the United States International Trade Commission.
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