CBA Record May-June 2022

CBA RECORD

EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF

EDITORIAL BOARD EDITOR-IN-CHIEF

Justice Michael B. Hyman Illinois Appellate Court

The American Golden Rule Originally published in the October 2009 issue of The CBA Record.

ASSOCIATE EDITOR Anne Ellis Proactive Worldwide, Inc.

W e all know the Golden Rule. It is found in one form or another in the holy books of all major religions. “Do unto other as you would want them to do unto you.” (Christian ity) “None of you (truly) believes until he wishes for his brother what he wishes for himself.” (Islam) “Love thy neighbor as thyself.” (Judaism) “Let no one do to another that which would be repugnant to one’s self.” (Hindu) “Hurt not others in ways that you yourself would find hurtful.” (Buddhist) No matter how articulated, the Golden Rule boils down to treating others fairly, respectfully, and as equals, without discrimination or recrimination.I suggest there is yet another version of the Golden Rule, which is wholly American in its origin while universal in its essence. As I call it, the American Golden Rule is contained in the concluding paragraph of President Abraham Lincoln’s Second Inaugural Address. Scholars regard this speech as Lincoln’s best. It also was Lincoln’s last. Influenced by the ideas embodied in the Declaration of Independence and shaped by the torment of the Civil War, Lincoln’s Second Inaugural ends with a clear vision of how the nation should go about perfecting unity. The last sentence begins, “With malice towards none; with charity for all.” This powerful phrase is the American Golden Rule. The Meaning of ‘Malice’ and ‘Charity’ By renouncing “malice,” Lincoln wanted the nation to exercise self-discipline and ease the North’s anger and vilification of the South. After the armistice, Lincoln thought the former enemies should “do all which may achieve and cherish as just and lasting peace among ourselves.” Lincoln knew that as long as there was hostility, bigotry, and divisive discourse, America’s moral “goodness” would be considerably strained, if not undermined. Next, Lincoln embraced the concept of “charity.” The “charity” to which Lincoln referred has nothing to do with philanthropy or donations but rather expresses the antithesis of malice. By “charity,” Lincoln was calling for benevolence, not shame; magnanimity, not condemnation; compassion, not revenge. Lincoln wanted to ensure respect for the inalienable dignity of every American regardless of region, race, religion, or creed. Not to be overlooked are those two little words: “none” and “all.” They give a bite to Lincoln’s noble sentiment by aspiring to be inclusive and holistic. Since Reconstruction, Lincoln’s statement has taken on a different connotation with a broader, more generalized meaning beyond his original intention. Today, “with malice toward none; with charity for all” denotes two deeply held American principles - that hate-filled words and actions are repugnant to America’s pluralistic democracy and that America stands for treating others with grace and justice. America has had a troubled history living up to Lincoln’s rhetoric. Though progress has been made, especially during the last 50 years, the daily headlines confirm that America still struggles with its diverse inheritance. Malice persists in many forms, such as racial profiling and discrimina tion, gender stereotyping, and homophobia. Eradicating malice will remain a difficult challenge until the American Golden Rule is tightly embedded into the national conscience. The legal profession must do all it can to realize the American Golden Rule as a central defin ing characteristic of life in 21st century America. We accomplish this by following the American Golden Rule in our personal and professional interactions. We need more than ever for every American to seize the American Golden Rule and make it a constant and enduring force in America. May 2022 Like the conventional Golden Rule, the American Golden Rule counts as a code of behavior in the minds of many, but not in reality. A treasured belief often elusive in practice. A tenet of modern life that could, but hasn’t, helped repair America’s social fabric. If only everyone would conduct themselves “with malice toward none; with charity for all.”

SUMMARY JUDGMENTS EDITOR Daniel A. Cotter Howard and Howard Attorneys PLLC YLS JOURNAL EDITORS Jacob B. Berger Tabet DiVito & Rothstein LLC Kaitlin King Hart David Carson LLP Theodore Kontopoulos BKD LLP Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Illinois Attorney General’s Office Amy Cook Amy Cook Law LLC Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Kirby McInerney LLP Clifford Gately Judge Jasmine Villaflor Hernandez Circuit Court of Cook County Lynn Semptimphelter Kopon Kopon LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Office of Bonnie McGrath Clare McMahon Hoffenberg & Block LLC Pamela S. Menaker Clifford Law Offices Kathleen Dillon Narko Northwestern Pritzker School of Law Alexander Passo Latimer LeVay Fyock LLC Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins Robbins DiMonte, Ltd. Rosemary Simota Thompson

Judge E. Kenneth Wright, Jr. Circuit Court of Cook County

THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing

4 May/June 2022