Explore every episode of the podcast Law and Justice (Audio)

Legal scholar Annabel Brett explores the idea of “moral possibility”—the boundary between what laws demand and what people can realistically or ethically be expected to do. Drawing from early modern thinkers like Aquinas, Suarez, and Hobbes, Brett shows how moral impossibility has long shaped debates about legal obligation, resistance, and political agency. Commentators Melissa Lane and David Dyzenhaus join the discussion, examining how this concept applies to everything from climate action and military conscription to unjust regimes and democratic norms. Together, they highlight how institutions, customs, and time shape the space between legal duty and human capacity—and why recognizing this gap is vital to both justice and legitimacy. Series: "UC Berkeley Graduate Lectures" [Public Affairs] [Humanities] [Show ID: 40431]

Political theorist Annabel Brett of Cambridge University explores how the concept of “moral possibility” shapes law, politics, and public obligation. She explains that laws must be realistic for people to follow—what is morally possible varies by individual, culture, time, and circumstance. Drawing on early modern Catholic legal theory, Brett discusses how extreme demands (like enduring war or plague) may justify higher expectations, but only temporarily. She examines how colonial Spanish officials misused this framework to justify forced labor in Peru, wrongly claiming it aligned with indigenous customs. Brett contrasts this with more democratic approaches to law, like Domingo de Soto’s defense of beggars’ rights, which take individuals’ real conditions seriously. Ultimately, she shows how moral possibility is deeply tied to time, virtue, and justice. Commentary is provided by David Dyzenhaus of the University of Toronto. Series: "UC Berkeley Graduate Lectures" [Public Affairs] [Humanities] [Show ID: 40430]

Ian Haney López is is the Chief Justice Earl Warren Professor of Public Law at the University of California, Berkeley. He specializes on race and racism in the law. His focus for the last decade has been on the use of racism in electoral politics, and how to respond. Ian develops and promotes a race-class praxis which argues that powerful elites exploit social divisions for private gain, so no matter what our race, color, or ethnicity, our best future requires building cross-racial solidarity. Ian is the author of three books, White By Law: The Legal Construction of Race (2006), Dog Whistle Politics: How Coded Racial Appeals Have Reinvented Racism & Wrecked the Middle Class (2014), and most recently, Merge Left: Fusing Race and Class, Winning Elections and Saving America (2019) Series: "Public Policy and Society" [Public Affairs] [Show ID: 36290]

Zachary Norris is the Executive Director of the Ella Baker Center for Human Rights, author of We Keep Us Safe: Building Secure, Just, and Inclusive Communities, and co-founder of Restore Oakland, a community advocacy and training center that will empower Bay Area community members to transform local economic and justice systems and make a safe and secure future possible for themselves and for their families. Zach is also a co-founder of Justice for Families, a national alliance of family-driven organizations working to end our nation's youth incarceration epidemic. Zach helped build California's first statewide network for families of incarcerated youth which led the effort to close five youth prisons in the state, passed legislation to enable families to stay in contact with their loved ones, and defeated Prop 6a destructive and ineffective criminal justice ballot measure. Series: "Public Policy and Society" [Public Affairs] [Show ID: 36287]

Many observers believe we need to grapple with challenges arising from the many well-established laws, regulations and policies which have been ignored or violated over the past four years. Goldman School of Public Policy faculty and former UC President and former Secretary for Homeland Security Janet Napolitano, with Leon Panetta, L. Song Richardson and Eric Swalwell explore the norms, assumptions, and governmental practices that have changed during the Trump presidency and the ensuing impact on American society and democracy. Can we make our democracy stronger and better? What would a practical, yet ambitious, roadmap for reform look like? Series: "Public Policy and Society" [Public Affairs] [Show ID: 36471]

Today we explore the life and legacy of Ruth Bader Ginsburg and the consequences her death may have for election 2020. The sudden death of the 87 year old jurist and feminist icon has not only disrupted the already unprecedented election season, but it has raised the stakes for the Presidency, the Senate and the future of the Supreme Court going forward. In this discussion we try to illuminate the partisan politics behind seeking her replacement, the constituencies most committed to replacing Ginsberg as well as those most threatened by this right wing shift in the Court, while holding up the possibility of future resistance and the need to mobilize in the defense of democracy. Join us as we attempt to displace despair with hope and replace anxiety with analysis in this moment of crisis. Series: "Public Policy and Society" [Public Affairs] [Show ID: 36279]

There's a powerful idea in the history of European legal and political thought: that laws must be possible for people to follow. Annabel Brett, professor of Political Thought and History at Cambridge University, describes how from ancient times through the Renaissance, thinkers believed that demanding the impossible—whether physically or psychologically—was a hallmark of tyranny. A classic example is Pharaoh in the Book of Exodus, who ordered the Israelites to make bricks without straw. Brett analyzes how legal thinkers balanced the need for law to be both realistic and aspirational, and how these ideas shaped the development of modern legal systems. Brett is joined by Princeton University's Melissa Lane for commentary. Series: "UC Berkeley Graduate Lectures" [Public Affairs] [Humanities] [Show ID: 40429]

The 2021-2022 term of the U.S. Supreme Court is widely considered to be the most consequential in living memory. Bruen, West Virginia v. EPA, Dobbs—the Court’s rulings in these controversial cases weakened gun restrictions, hobbled the Environmental Protection Agency’s ability to fight climate change, and overturned the constitutional protection for abortion rights nearly 50 years after Roe v. Wade. In The Supermajority: How the Supreme Court Divided America, Brennan Center for Justice president Michael Waldman examines the term’s major cases, the meaning of “originalism”—a new, extreme method of interpreting the Constitution—and offers proposals for reform. Join Waldman and Maria Echaveste, President and CEO of the Opportunity Institute and former senior White House official, for an in-depth look at the tumultuous 2021-2022 term and a discussion of how these decisions will affect every American for generations to come. Series: "The Goldman School - Berkeley Public Policy" [Public Affairs] [Show ID: 39848]

What can be done to prioritize diversion options for youth instead of filing criminal charges? Steven P. Dinkin (National Conflict Resolution Center) s joined by, Lisa Weinreb Delgadillo (San Diego District Attorney’s Office), Breea Buskey (National Conflict Resolution Center), Monica Felix (Rady Children's Hospital San Diego), and Sunny Chang (Outdoor Outreach) for an in-depth conversation on effective strategies that engage the justice system as well as community organizations. [Public Affairs] [Show ID: 38891]

How can we better serve native youth that find themselves in trouble? The Intertribal Court of Southern California founded the Tribal Youth Court (TYC) to answer that question. TYC empowers youth to engage in tribal restorative justice practices. Tribal leadership, judges, and students share why this model, rooted in culture and community, has been effective. Series: "Education Channel" [Public Affairs] [Show ID: 38263]

Focused on training native youth in tribal law and restorative justice practices, the Intertribal Court of Southern California Tribal Youth Court (TYC) aims to create positive change in communities. Learn how the court came to be, how it functions, and how is is transforming the lives of all involved. Series: "Education Channel" [Public Affairs] [Show ID: 38892]

When the U.S. Supreme Court overturned Roe v. Wade in June, the controversial decision ended the right to abortion that was upheld for nearly 50 years. So what does a post-Roe world look like? In this program, UC Irvine law professor Michele Bratcher Goodwin and UC Santa Barbara feminist studies professor Laury Oaks discuss the wide-ranging impact of the decision on legal, medical, and political mobilizations. (Note: this program was recorded on May 9, 2022, prior to the ruling by the U.S. Supreme Court to overturn Roe v. Wade.) Series: "Ethics, Religion and Public Life: Walter H. Capps Center Series" [Public Affairs] [Health and Medicine] [Humanities] [Show ID: 38308]

Following the police murder of George Floyd, there have been calls to “Abolish, Defund, and Reform” the police. Elected officials around the country have called for 50% reductions in the police budgets that account for much of local government spending. At the same time, there is little agreement on the meaning of what could or should be defunded or what can be reformed; in many cases, the very language of this movement has impeded the necessary public debate about the appropriate role of police and policing in our society. This panel brings together experienced police, elected officials and faculty experts at UC Berkeley to address these critical, and timely, issues. Panelists: Nikki Fortunato Bas, Oakland City Council President; Jack Glaser, Professor at the Goldman School for Public Policy and expert on police bias and police reform; Danielle Outlaw, Chief of Police in Philadelphia. Moderator: Dan Lindheim, Goldman School of Public Policy Professor. Series: "Public Policy and Society" [Public Affairs] [Show ID: 36879]

Since 2017, California’s institutional prison population has hovered at about 115,000 inmates. Steven Raphael, Goldman School of Public Policy, looks at the last decade of prison reform including reducing overcrowding, the impacts of proposition 47 and the effects of racial disproportionality in criminal justice involvement. Series: "Public Policy and Society" [Public Affairs] [Show ID: 36684]