American Studies Commons^™

The Rise Of Trump And The Death Of Civility, Keith Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

According to supporters and opponents alike, Donald Trump has been an unconventional candidate and president. In this article, I evaluate the relationship between Trump’s unconventional behavior and the requirements of civility. I provide a definition of civility, and I explain why it makes sense to relate Trump’s actions to civil norms. I then discuss how civility is enacted, I examine criticisms of civility’s triviality, and I explore the ways in which civility may repress dissent and maintain hierarchy. Although I consider the degree to which Trump’s actions are strategic, I ultimately argue that Trump’s incivilities should be understood as an …

How Civility Works, Keith Bybee

Institute for the Study of the Judiciary, Politics, and the Media at Syracuse University

Is civility dead? Americans ask this question every election season, but their concern is hardly limited to political campaigns. Doubts about civility regularly arise in just about every aspect of American public life. Rudeness runs rampant. Our news media is saturated with aggressive bluster and vitriol. Our digital platforms teem with expressions of disrespect and trolls. Reflecting these conditions, surveys show that a significant majority of Americans believe we are living in an age of unusual anger and discord. Everywhere we look, there seems to be conflict and hostility, with shared respect and consideration nowhere to be found. In a …

All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee

College of Law - Faculty Scholarship

This paper contains the introduction to the new book, All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (Stanford University Press, 2010).

The book begins with the observation that Americans are divided in their beliefs about whether courts operate on the basis of unbiased legal principle or of political interest. This division in public opinion in turn breeds suspicion that judges do not actually mean what they say, that judicial professions of impartiality are just fig leaves used to hide the pursuit of partisan purposes.

Comparing law to the practice of common courtesy, the …