Shakespeare, Kierkegaard,

Politics and Law

By Patrick J. Schiltz 1981

            Upon graduating from high school, I was reasonably confident that within the recesses of my adolescent mind could be found all knowledge worth knowing.  I was willing to concede that law school might help me with the career in law and politics that I planned.  But I was certain that a college education, particularly a liberal arts one, would be a waste of time.

            I confess that my view did not change much during my years at St. Scholastica.  Frequently I stared out the windows of Tower Hall and wondered why I had to learn the name of the last Russian czar or what Kierkegaard thought about faith or the degree to which Shakespeare’s society colored his view of Richard III.  Seven years later –after a year as an aide to Senator Dave Durenberger, three years as a Harvard Law School student, two years as a law clerk to Supreme Court Justice Antonin Scalia, and almost a year in private practice—I understand why my time at St. Scholastica was not wasted.

            Many with impressive qualifications have expounded at length upon the goals of liberal arts education.  I will limit my expounding to a paragraph.  Basically, I believe that liberal arts students should, at the completion of their education, appreciate their connectedness with fellow humans.  They should understand the countless ways in which the world has been shaped by those who came before, and how they, in turn, will affect the lives of those now living and those yet to come.  They should have some inkling of the incredible complexity of the world and the creatures who inhabit it.  This complexity should excite in them an insatiable curiosity and inspire a lifetime of exploring and learning.  Most importantly, exposure to the great events of history, the great questions with which humans have struggled, and the great works of art and literature should move them to turn inward, to examine themselves critically, and to develop firm values which will guide them through life.

            The liberal arts education I have described would, of course, benefit anyone.  But I have gradually come to realize that the qualities gained from such an education are uniquely valuable to those in law and politics.

            To begin with, in perhaps no other two professions is one so frequently asked to do what one personally believes is “wrong.”  Lawyers and politicians function to a substantial extent as the tools of others; clients pay lawyers to do what they want, just as voters elect politicians who will bow to their wishes.  I doubt there is a lawyer or politician alive who has not done something he or she regarded as wrong because a client or constituent wanted it.  And almost every lawyer and politician has at some point been pushed too far and said “no.”

            Drawing that line is more difficult for some than for others.  When making difficult decisions, some lawyers and politicians look for guidance outside of themselves—to clients or contributors or public opinion polls.  These “externalists” constantly convey a sense of unease.  But others look inward, to an invisible compass that seems to guide their lives.  These “internalists” appear at ease with themselves and their world.  The difference between the externalists and the internalists is, of course, the self-knowledge and strong values that a liberal arts education fosters.

            Lawyers and politicians share another similarity: both inhabit very competitive worlds in which it is easy for the battle of the moment to become so consuming that almost any tactic seems justified.  Time and again I have seen lawyers and politicians so obsessed with beating a particular opponent in a particular fight that they are oblivious to the harm they are inflicting upon themselves.  Lawyers whose liberal arts educations have helped them gain a broader perspective understand that short-term victories can cause tremendous long-term damage.  They realize that the battle of the moment will last only a moment, while their relationships with family members and professional associates must last a lifetime.  And they know that, although at any particular time it might seem that others are having a better “season” their “lifetime batting average” will be surpassed by few if their maintain their integrity.

            Both lawyers and politicians must have the same skill to succeed in their competitive worlds—the ability to persuade.  Yet members of both professions are necessarily generalists; few can focus so exclusively on one narrow area as to become expert.  Hence, lawyers and politicians frequently are unable to persuade based solely upon the information or arguments they put forth.  Instead, successful lawyers or politicians must be able to inspire confidence in themselves even among those who have little confidence in their particular arguments.  This invaluable skill cannot be taught; it is instead the product of self-knowledge and firmly held values.

            The competitiveness of the worlds of law and politics and the impossibility of becoming an expert in all matters are also noteworthy because they create an almost irresistible pressure to “ take sides.”  Those who consider themselves liberal, who vote liberal, and who assume that every liberal position is correct will always have friends and admirers and will rarely have to do a lot of hard thinking.  The same is true of conservatives or “law and order” judges or civil libertarians.  Those who view themselves as part of a team which can do no wrong live in an easier, simpler world.  But they serve neither themselves nor others well.

            A liberal arts education is invaluable in resisting the pressure to seek the shelter of labels or slogans.  It nurtures self-knowledge and strong values and therefore the courage to question, explore, and challenge.  Lawyers or politicians who have enjoyed a sound liberal arts education will not permit others to define right and wrong for them; they will find it within themselves.

            The worlds of law and politics share one final similarity; the members of both professions are entrusted with tremendous power over our lives.  Our welfare is, to a large extent, dependent upon lawyers and politicians understanding that with tremendous power comes tremendous responsibility—the responsibility to act ethically and independently and to respect the trust that has been placed in them by others.  A liberal arts education can be invaluable in helping lawyers and politicians to recognize this responsibility and to have the courage to live up to it.

Patrick J. Schiltz is an attorney with Faegre & Benson in Minneapolis.