Sunday, January 27, 2019

The values of the state's higher education system cannot be reconciled with the values of its justice system

I have written before that all democracy is liberal, all justice is liberal, all intellectuality is liberal, and all science is liberal.(1) If all justice is liberal, then the political orientation of any judge is the jurisprudential outlook of those who love justice above all else. It follows that there cannot be a "Republican judge" or a "Democratic judge." If a judge's highest loyalty is not to "the known rules of ancient liberty", to eternal justice, they could at best preside over a kangaroo court, at best practice a travesty of justice. (The current practice here in the United States where the Republican Party nominates judges and justices only from a list of candidates provided by the Federalist Society violates the principles of the legal profession, since its intent is to guarantee that only jurists who are activists committed to the doctrines of a partisan ideology rather than universal justice will be appointed. Edmund Burke, in a related case, argued against "instruction" whereby legislators were constrained to proceed only under designated foregone conclusions.)

I know a person who is a dean in the local state higher education system, and is also licensed to practice law in this state. If he were to praise "social justice" as widely understood in the current campus outlook, in writing, he could be in danger of having his law license revoked, since "social justice" lacks the elements of due process.(1) If he were to say, as a practicing legal professional, that "social justice" is, from the standpoint of the legal profession, an oxymoron, the same block of students who prevent speakers with the wrong viewpoint(2) from appearing on campus under the "no platforming" standard would likely hound him from campus (as, below, "a hobgoblin whose career needs to be ended").


Andrew Sullivan describes the illiberal campus intolerance:
And yes, I’m not talking about formal rules — but norms of liberal behavior. One of them is a robust public debate, free from intimidation. Liberals welcome dissent because it’s our surest way to avoid error. Cultural Marxists fear dissent because they believe it can do harm to others’ feelings and help sustain existing identity-based power structures. Yes, this is not about the First Amendment. The government is not preventing anyone from speaking. But it is about the spirit of the First Amendment. One of the reasons I defended Katie Roiphe against a campaign to preemptively suppress an essay of hers (even to the point of attempting to sabotage an entire issue of Harper’s) is because of this spirit. She may be wrong, but that does not make her a hobgoblin whose career needs to be ended. And the impulse to intimidate, vilify, ruin, and abuse a writer for her opinions chills open debate. This is a real-world echo of the campus habit of disrupting speakers, no-platforming conservatives, and shouting people down.
The tragic aspect of this is that it not only erodes the student's sense of justice, but is deeply and thoroughly anti-intellectual. Higher education is not about teaching only the right things, it is about learning how to determine what the right things are. It is not a platform, it is an arena where competing viewpoints are debated and compared. Anything that "chills open debate" is by definition anti-intellectual.

Why are the state's universities and colleges substituting indoctrination for education? Why are they teaching, and that most stridently, principles of intolerance and censorship which the state's own justice system explicitly forbids?

You can be expelled from one set of state institutions for refusing to endorse unconstitutional practices which another set of state institutions consider worthy of legal sanction. "Brethren, these things ought not to be so."


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(1) Commitment to evidence and reason: Democracy (the informed consent of the governed); Justice (rules of evidence); Intellectuality (rejects false premises and invalid syllogisms); Science (testable predictions). Egalitarian and universalist: Lincoln, praising the Declaration's "All men are created equal," called it "an abstract truth, applicable to all men and all times."

(2) First Amendment jurisprudence explicitly prohibits viewpoint discrimination and prior restraint.

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