CBA Record November 2018

Y O U N G L A W Y E R S J O U R N A L

BATTLING THE SCOURGE THAT IS STRANGLING THE PROFESSION AND TAKING AWAY OUR PEACE OF MIND Incivility in Law and Society By Jayne Reardon

I ncivility has become the label du jour. Beginning with the election campaign of 2016, political discourse increasingly has been characterized by accusations of incivility. And the accusations spill over into our workplaces, public squares, and homes. What does civility, or its arch nemesis incivility, mean for us in 2018? Does it mean something different in the context of politics versus law? Lawyers have an obligation and an opportunity to heal

the incivility infecting our society.

private virtue and a public necessity which functioned to hold the state together. Some writers, including George Washington, equate civility with respect. So, civility is a behavioral code of decency or respect that is the backbone of our profession as well as our society as whole. Commonly held myths are that civility is the same as 1) agreement, 2) liking a person or 3) good manners. Not so. Civility is not the same as agreement.

We Know it When we See it: the Definition of Civility The concept of civility is broad. The French and Latin origins of the word suggest, roughly, “relating to citizens.” In its earli- est use, the term referred to being a good citizen, that is, exhibiting good behavior for the good of the community. The early Greeks thought that civility was both a

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