How can a single lawyer stand against the tyranny of the majority?
In short: In a world where populist movements use prejudice to incite crowds, how do we protect those targeted by hatred? Clive Stafford Smith explores the vital role of the 'Stone Catcher' in shielding the vilified minority from the overwhelming power of the many.
Clive Stafford Smith, the Gresham Professor of Law and founder of the Justice League, describes a profound duty to stand between the most hated members of society and those delivering hatred. Drawing on a concept shared by a colleague, Bryan Stephenson, Smith adopts the role of a 'Stone Catcher'—someone who intercepts the stones thrown by the masses before they strike their targets. This mission is particularly urgent in the face of modern populism, which Smith argues uses a playbook similar to historical fascist movements to 'other' both domestic minorities and foreigners.
A central challenge in this struggle is the 'tyranny of the majority,' a concept often associated with John Stuart Mill. This phenomenon describes a system where the majority uses its power to oppress a few, driven by prejudices that can invade every aspect of a minority's life. Smith notes that while the US Constitution provides lawyers with specific powers to challenge even heads of state, the legal tools in nations like the UK may be less equipped to confront such rising populist threats. He illustrates this legal potency through his own experience, having brought 88 cases against the President of the United States, losing only one.
The necessity of enforceable human rights serves as a protective shield against this democratic overreach. By identifying and addressing the mechanisms of majority oppression, advocates aim to provide an antidote to populism. This work requires navigating complex legal landscapes, much like Smith did when entering the Louisiana State Bar in 1984, where he once considered using the pseudonym John Stuart Mill to avoid the corruption of examiners who could identify students by name. Ultimately, the goal is to ensure that the rights of the few are not erased by the will of the many.
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Sources
- Summary by Intellect · source: Who are the Vilified Minority? - Clive Stafford Smith
- Also: Human Rights Law: Bringing Power to the Powerless
- Also: Human Rights Law: Bringing Power to the Powerless - Clive Stafford Smith - Gresham College Lectures
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