The Life of the Law: Principles of Logic and Experience from the United States

ADDRESS

THE LIFE OF THE LAW: PRINCIPLES OF LOGIC AND EXPERIENCE

FROM THE UNITED STATES THE FAIRCHILD LECTURE*

THE HONORABLE SANDRA DAY O'CONNOR..

These are times of tremendous change in governments across the world. Since the mid-1980s, a remarkable number of countries in Latin America, Africa, and the Soviet bloc have turned from dictatorship to elected civilian government. In several visits to Eastern Europe, I have been impressed by the strides taken by these countries toward their goals of liberty and democracy. But if they are to retain and build on their recent gains, the new governments must put into place a framework that can ensure the survival of basic freedoms. Of course, such a framework must be adapted to the political and cultural history of each country. Already, we see the post-communist countries begin to differ significantly in their political, constitutional, and social development. Despite the important differences among nations, and forms of governments, however, some basic principles must be enforced if a government is to ensure the liberty of its citizens.

Since emerging from the grip of the Soviet Union, developing nations of Eastern Europe have looked to Western ideas about economic structure, the relationship among branches of government, and the relationship of the individual to the community for guidance in designing their own institutions and processes. Tonight I would like to discuss certain aspects of our governmental scheme that have been