In a speech marking the beginning of a two-day conference on the Russian and American legal systems, U.S. Supreme Court Justice David Souter said the commonalties of the American and Soviet legal systems will provide the focus for the conference.
"Although we could dwell on the differences between the two systems ... whatever distinctions there might be are dwarfed by the common ground the two systems share," he said. "That common ground is the theme of the next couple of days."
Souter's speech yesterday afternoon in filled-to-capacity Cook Auditorium was followed by a panel discussion on the Russian court system. Director of the Dickey Center Gene Lyons moderated the discussion.
Panelists included Chief Justice of the Supreme Court of Russia Vyascheslav Lebedev, Chief Justice of the High Court of Arbitration of Russia Venyamin Yakovlev and First Deputy of the Constitutional Court of Russia Tamara Morshavova.
Souter identified the common ground shared by the newly formulated legal system emerging in Russia and the 200-year-old system established in the U.S as their extra-constitutional source of power.
Souter said judicial power in both legal systems is derived from acceptance of what they do and, consequently, must be earned.
Despite the fact that judges command no armies and control no treasures, the decisions of their courts are accepted, Souter explained. Such acceptance is a function of trust, he added.
"Trust is not given but is earned," he said. "A trust that can be gained can be lost."
Souter said the history of judicial power in America is "a history of the ups and downs" which courts go through earning and betraying trust.
He cited the progressive era of the 1930's as one period in U.S. history when Americans' trust in their legal system was eroded.
"The remarkable fact is that despite the ups and downs we are standing here in 1996 where the balance of trust is in favor of the courts," he said.
Souter said he expects Americans participating in the conference will learn much from the Russian judges and scholars who are currently struggling to implement a new legal system.
"The learning that goes on at gatherings like this is not a one way street," Souter said. "By the time we are done, the Americans here will better understand their own legal system."
Souter, who was born in New Hampshire, said he was "happy to have the assignment" of welcoming the Russian legal scholars to the United States, and especially to the state of New Hampshire which he said he "loves more than any other place on earth."
The John Sloan Dickey Center for International Understanding is sponsoring the conference, titled "Law, the Courts and Society: Russia and America."
