Ep. 81 (Part 1 of 2) | Constitutional law expert and criminal justice professor Mark Fischler has a thirst for justice and a gift for teaching. With cogency and passion, Mark explains that law is not the absolute that we perhaps thought, but an ever changing reflection of the values we hold as a society. Law is a developmental process, and will benefit from our own dedication to inner moral development. Mark shows how the law can (and has) become ever more inclusive, with the potential to serve and uphold the dignity of all peoples, all beings. Because of its abstract clauses, there is room in the Constitution to interpret the law in ways that are attuned with our pluralistic society. Mark calls on us to come together and decide what we value as a people—there is no mandate in democracy that all decision making power must reside in the hands of the Supreme Court, which has only had the sort of unilateral power it enjoys today since the 1950s.

This is no dry, legalistic conversation, but a truly illuminating vision of the potential of the law to embody justice, inclusivity, compassion. It is also a solid overview of where we have come from and where we are now, referencing many landmark rulings of the Supreme Court. Finally, this is spiritually inspiring as well—Mark tells the story of the transformational epiphany he had as a young man that led to his career as a public defender, onto the spiritual path, and eventually to become a well-respected, award-winning professor of criminal justice. Mark’s perspective on the law is far ranging, embracing human rights, animal rights, the rights of all beings. It comes from a place of deep care and compassion: “What is the happiness that the Declaration of Independence talks about, what is suffering?” Be inspired by Mark’s wise and knowledgeable teachings and the potential of the law to create a just society for all. Recorded January 4, 2023.

“Law is our collective coming together and deciding what we value as a people.”

(For Apple Podcast users, click here to view the complete show notes on the episode page.)

Topics & Time Stamps – Part 1

Introducing professor of criminal justice and constitutional law expert Mark Fischler (01:31)
How did Mark get into constitutional law? (03:45)
At the foundation of legal theory is the question: natural law or positive law? How Ken Wilber reduced the cognitive dissonance going on around this for Mark (06:44)
Law is a lawyer-driven process and the action is in the criminal courts (07:52)
Mark’s 1996 transformational epiphany of self-knowledge around the judgmental character of his mind (09:16)
How psychotherapy relates to Mark’s practice as a public defender and taking a bodhisattva approach to being there for all beings (13:59)
The deepening of Mark’s spiritual practice: Am I supposed to leave everything behind, give it all up? (21:08)
“The demon spoke” (Socrates): leaving public defender hood and the beginning of Mark’s spiritual journey (25:03)
Miguel Luiz’ Four Agreements: principles upon which to life your life (29:35)
Being of service to others is the foundational piece driving Mark to deepen his understanding of the law and in his role as professor (35:08)
“We’re in a stage of pluralism, but we sure don’t act that way;”Justice Alito’s decision in the Dobbs case, overturning Roe v. Wade (37:02)
Can we start to have a conversation about the law, from a 30,000’ point

Mark Fischler (Part 1) – Building a Just World: How Our Laws Express Our Collective Values, and the Challenge of Uplifting Our Values, Law, and Society

Deep Transformation