But laws are often not entirely clear, and men and women legitimately dispute their content and meaning. A central purpose of the legal system is to clarify these rules through adversarial presentations, leading to authoritative decisions by neutral tribunals. Just as the adversary system perfects the rule of law, so a robust culture of free speech and inquiry perfects the adversary system. What the best arguments are, or even what makes an argument best, is often itself unclear and disputed. A culture of exploring arguments vigorously before they reach court, without fear of retaliation, complements the adversary system and improves our governance.
Any free society needs the rule of law, the adversary system, and a culture of free speech and inquiry in law, but this is particularly true of the United States. Nearly two centuries ago, Alexis de Tocqueville observed of the American republic that almost all political issues there became legal issues, and that remains the case today. It’s the law that preserves the U.S. Constitution’s balance of powers, preventing tyranny.