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A Conversation With Justice Neil Gorsuch on ‘The Human Toll of Too Much Law’

We the People

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The Surge of Law: Trust and Civic Connection in America

The explosion of law in the 1970s and 1980s is closely linked to a decline in social trust, as evidenced by historical analysis and contemporary surveys. Alexis de Tocqueville identified America's unique civic engagement rooted in voluntary associations, contrasting it with European reliance on nobility or government. This shift towards legal reliance indicates a loss of trust among individuals and communities, suggesting a societal move away from self-governance. Surveys reveal increasing perceptions of political adversaries as fundamentally evil, and a troubling acceptance of silencing opposing views among younger generations. The erosion of civic connections, noted by Tocqueville, can lead to increased dependence on authoritative structures, which threatens the essence of American democracy. However, there remains an optimistic belief that it is not too late to restore these connections and civic virtues.

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