We often frame authoritarianism as lawless, marked by constitutional rupture or institutional breakdown. But some of the most effective assaults on democracy have operated through law itself.

Around the world, leaders like Recep Tayyip Erdoğan in Turkey and Viktor Orbán, the former prime minister of Hungary, have used legal systems, rules of law, and institutional practices to consolidate power, restrict dissent, and hollow out democratic accountability from within. That pattern is becoming more visible in the United States, where mounting political pressure on courts, lawyers, and legal institutions is raising urgent questions about the role of the legal profession in moments of democratic crisis. 

“Lawyering Without Law,” a bi-weekly podcast from the Knight Institute, interrogates the unique and important role that lawyers play in defending democracy, or in facilitating the slide into authoritarianism. Hosted by Knight Institute Senior Fellow and Columbia Law Professor Madhav Khosla and the Knight Intitute’s Research Director Katy Glenn Bass, the series brings together scholars, litigators, and practitioners to explore these dynamics across historical and contemporary contexts. Drawing on global examples of democratic backsliding, each episode connects these developments to the United States and outlines what is at stake for the legal profession and for democracy itself. 

Read more about Khosla’s research project with the Knight Institute examining the crucial role that lawyers can play in preserving democratic freedoms and institutions here.

“Lawyering Without Law” is available on Apple, Spotify, and wherever you get podcasts.

Listen, subscribe, and leave a review. We’d love to know what you think.

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Episode Three: When Lawyers Stop Following the Rules: How Politics Became Law

What happens when lawyers stop believing that law and politics are different things? Constitutional law scholar Deborah Pearlstein joins host Katy Glenn Bass to discuss legal ethics, the rule of law, and how decades of erosion of norms within the legal profession have fueled the democratic backsliding we’re witnessing in America today.

Pearlstein’s scholarship and her forthcoming book, Losing the Law, map the forces that have weakened the ethical foundations of American law—from the Reagan-era DOJ and the rise of the conservative legal movement, to the diminishing options for holding lawyers accountable for actions that undermine democracy. 

Her diagnosis is sobering. But Pearlstein also offers a surprising and ambitious proposal for how the legal profession and American democracy might find their way back.

Transcript: Ep. 3. 

Further Reading

 

Episode Two: Principle vs. Profit: How Institutions Lose Their Way

 

Bribery is the corruption we prosecute. But according to Lawrence Lessig, it’s institutional corruption that poses the most danger to American democracy. Hosts Katy Glenn Bass and Madhav Khosla speak with the Harvard Law professor who makes a pointed distinction: the corruption hollowing out American institutions isn’t about bribes, it’s structural—the capture of courts, law firms, corporations, and Congress by economic dependencies pull each away from its founding purpose and leave them vulnerable to political pressure. Yet Lessig finds hope in the lawyers who have refused to bend, in universities that eventually drew a line, and in preparing law students to make professional decisions that align with their values.

Transcript: Ep. 2.

Further Reading

 

Episode One: What Does Legal Authoritarianism Look Like?

What does authoritarianism look like when it operates through law? In the first episode of “Lawyer Without Law,” hosts Katy Glenn Bass and Madhav Khosla speak with Princeton University Professor Kim Lane Scheppele. They explore historic examples of the legal profession’s role in democratic backsliding around the world and in the United States.

They examine how authoritarian leaders have exploited legal systems to consolidate power, what that means for legal institutions as democratic norms come under strain, and how lawyers have too often been complicit in this dynamic. 

Transcript: Ep. 1. 

Further Reading