Op-Ed: Law Day's 50th Anniversary - Why the Rule of Law Still Matters

By William H. Neukom, President,
American Bar Association

On May 1, 1958, as the Cold War hung threateningly in the air, the American Bar Association urged the United States  to honor something simple but crucial: the rule of law.

President Eisenhower proclaimed May 1 “Law Day USA.” He invited Americans to reflect on the importance of America’s institutions of justice, and how the rule of law offered a promise that no authoritarian system could ever match.

This year, America celebrates Law Day for the 50th time. Now as then, advancing the rule of law is our best strategy to advance human development in a dangerous world.

The American Bar Association has made “The Rule of Law: Foundation for Communities of Opportunity and Equity” its theme for Law Day 2008.  In doing so, we ask all Americans, not just lawyers, to reflect on what our institutions of law and justice mean to our lives.

By rule of law, I mean four things: Government is accountable under the law. Laws are fair, clear, stable and protect fundamental personal and property rights. Laws are enacted, enforced and administered in a way that is accessible, fair and efficient. And laws are upheld by diverse, competent, independent and ethical law enforcement agents, advocates and umpires.

Admittedly, many do not think about these issues daily, but imagine how much our world would change if we did not have property rights, access to impartial courts to resolve disputes, if police could not be trusted to fairly enforce the law, if statutes protecting the environment and human safety could be ignored with impunity.

As a distinguishing feature of this year’s Law Day, the ABA is inviting many professional disciplines to meetings in states around the country.

These multidisciplinary meetings are producing an important agreement:  Strengthening the rule of law is critical to the clergy, engineers, environmentalists, human rights advocates, journalists, labor leaders, military leaders, physicians, public safety officers and teachers who have taken part.

Just as importantly, leaders from a wide array of disciplines are finding increased strength when they unite to build the rule of law.

In 2006, a coalition of lawyers and business leaders helped soundly defeat a South Dakota ballot measure that would have undermined the court system. In St. Louis, doctors in low-income clinics are working with lawyers to identify legal issues that might affect health outcomes. For instance, a youth with asthma might benefit most from legal assistance that forces a landlord to remove mold from an apartment’s walls. The benefits of such collaborations are enormous.

In July, the World Justice Forum in Vienna, Austria, will expand this discussion, by bringing together leaders from more than 15 disciplines from over 60 countries on five continents.  The goal of the forum is to identify and support multidisciplinary programs in numerous regions around the world that will advance the rule of law.

Law Day 2008 is an important reminder to all of us: We all have a shared stake in the rule of law. It is the foundation on which safety, health, education and prosperity are built.

I urge America’s lawyers and others to learn more about Law Day, by visiting www.lawday.org.  And I urge all Americans to take a day to reflect on how respect for law has made your own world a better place.

April 24, 2008