Law, Compromise, and Learning to Disagree
For when you find yourself on the losing end of a conflict
The following is an excerpt from John D. Inazu’s latest book, Learning to Disagree: The Surprising Path to Navigating Difference with Empathy and Respect.
Read more of John’s thoughts on democracy, empathy, and law here.
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Think for a minute about the alternative—a world without law. A world where it’s everyone for themselves and violence reigns unconstrained. A world with unending cycles of vengeance where the people with the most strength dominate and exploit the people who are most vulnerable. You might point out that this already happens anyway in a world governed by law. And you would be right. But think how much worse it would be if the law no longer constrained any of our worst impulses.
When you find yourself on the losing end of a conflict that cannot be resolved through compromise, you don’t need to throw in the towel or blow up the system.
John Inazu
A world with law—the world we all prefer—means a world of winners and losers in politics, policies, and legal disputes. . . . You may decide that some of your beliefs about these issues are not open to compromise. And sometimes you will find those beliefs on the losing end of a law or policy. In those moments when compromise isn’t possible and you’ve lost, it’s natural to feel like the whole system is rigged or needs to be reimagined. In practice, though, it’s more pragmatic to keep fighting within our law-governed system rather than trying to destroy it. Trying to upend the system usually ends in futility, frustration, or chaos. Few people who don’t already agree with a movement will be convinced by its calls for revolution. These kinds of rallying cries appeal to those whose views already lie in the extremes rather than to those who might be open to persuasion and political change.
When you find yourself on the losing end of a conflict that cannot be resolved through compromise, you don’t need to throw in the towel or blow up the system. An inability to compromise is not always a dead end, and even zero-sum decisions can usually be reconsidered. Use the opportunity to deepen your understanding of what’s at stake in a disagreement and why others see things differently. And recommit to work toward a different solution while continuing in your efforts to persuade others that your position is, in fact, the better one.
About John Inazu
John Inazu is the Sally D. Danforth Distinguished Professor of Law and Religion at Washington University. His latest book, Learning to Disagree: The Surprising Path to Navigating Differences with Empathy and Respect, was published by Zondervan in 2024. Other books include Liberty’s Refuge: The Forgotten Freedom of Assembly (2012) and Confident Pluralism: Surviving and Thriving Through Deep Difference (2016). Inazu is the editor of a volume on law and theology published in Law and Contemporary Problems and co-editor (with Tim Keller) of Uncommon Ground: Living Faithfully in a World of Difference (2020). Prior to law teaching, Inazu clerked for Judge Roger L. Wollman of the U.S. Court of Appeals for the Eighth Circuit and served as an associate general counsel with the Department of the Air Force at the Pentagon. He publishes a weekly Substack, *Some Assembly Required.
