Skip to content

Vicki C. Jackson, Civic Virtue, Civic Obligation, Knowledge Institutions, and Proconstitutional Actors, in Redefining Comparative Constitutional Law: Essays for Mark Tushnet (Madhav Khosla & Vicki C. Jackson eds. 2024).


Abstract: Mark Tushnet’s work argues that successful democracy may require civic virtues and suggests that radically decentralized governance and “engagement” remedies in courts might help cultivate civic attitudes that enable democracy to work. This chapter takes up the idea of civic virtue, exploring what it is, who should have it, what public expectations of public officials’ morality are, whether such expectations matter, and how a sense of civic duty might be encouraged. A core element of civic virtue is an orientation to help improve the broader community of which one is a part; a sense of civic duty is especially important for those who hold power, but this cannot be sustained without public expectations of civic-minded official conduct. The chapter suggests a link between Tushnet’s arguments and William James’s view that democracy requires citizens with a “tincture of self doubt” and tolerance for different ideas and that education could contribute to these attitudes. Approaches, beyond those discussed by Tushnet, for the cultivation of the kind of civic attitudes necessary for democracy, as well as knowledge of how to participate in governance, might include civic education, a greater emphasis by constitutional jurists on the concept and content of nonjusticiable duties of proconstitutional public officials, and recognition of the constitutional role of knowledge institutions in encouraging attitudes of epistemic openness and tolerance for disagreement.