TOWARD A CIVIL DISCOURSE.

• Author: Timmer, Ann A. Scott

After French political scientist Alexis de Tocqueville's trip through the United States in the early half of the nineteenth century, he remarked favorably on Americans' exceptional practice of coming together in voluntary associations to solve problems requiring concerted collective action. (1) He observed that while working in such associations, "[s]entiments and ideas are renewed, the heart grows larger and the human mind develops." (2) It was this uniquely American spirit that formed our governmental institutions, created our laws, and solidified faith in our governance system.

Throughout the course of the great American Experiment that is our democracy, working collaboratively and civilly exchanging ideas on issues of deep divide has often been challenging but perhaps no more so than today. At a time when collaborative focus is imperative for managing issues concerning health care, immigration, access to justice, individual rights, and other critical subjects, many have lost the ability or the inclination to listen to unpopular views and engage in civil discourse. Rather than "talking to" others, we have become adept at "talking at" others, often using social media to enlarge and enflame our audience, which has only widened, not closed, the divide on how best to advance solutions to these issues.

Perhaps partially as a result of the divisions crisscrossing our nation, people's faith in our governmental institutions has withered as members of one political party or the other assumes leadership positions with established agendas. According to a 2020 Pew Research Center poll of about 13,000 U.S. adults, only 20% said they trusted the federal government to "do the right thing" almost always or most of the time. (3) As faith in our institutions diminishes, we risk adherence to the rule of law and democracy itself. Thus, it is incumbent on those who have devoted their careers to upholding the rule of law and promoting equal justice to work towards shoring up faith in our institutions even as we disagree on how they should operate and what improvements are needed. If we fail in that endeavor, nothing will remain to improve.

This special issue of The Journal of Appellate Practice and Process addresses the current divisions in the law and in our society and explores what courts, judges, and lawyers can do to mitigate the rhetoric and tilt society towards positive action. It could not be timelier. Fifteen authors invite us to reexamine our...