Maybe There’s Hope for Legal Education After All

Adam J. MacLeod is an associate professor of law at Faulkner University. A recent piece of his at New Boston Post suggests that the future of legal education may not be a bleak as I had supposed:

For several years now my students have been mostly Millennials. Contrary to stereotype, I have found that the vast majority of them want to learn. But true to stereotype, I increasingly find that most of them cannot think, don’t know very much, and are enslaved to their appetites and feelings. Their minds are held hostage in a prison fashioned by elite culture and their undergraduate professors.

They cannot learn until their minds are freed from that prison…. So, a couple of weeks into the semester, I decided to lay down some ground rules.

The entire speech that MacLeod gave to his students is too long for a blog post, so I’ll just provide some excerpts bellow. You should, however, read the whole thing. It might make you feel hopeful too!

Before I can teach you how to reason, I must first teach you how to rid yourself of unreason. For many of you have not yet been educated. You have been dis-educated. To put it bluntly, you have been indoctrinated. Before you learn how to think you must first learn how to stop unthinking. …

There is no formula for this. Each of you has different weeds, and so we will need to take this on the case-by-case basis. But there are a few weeds that infect nearly all of your brains. So I am going to pull them out now.

First, except when describing an ideology, you are not to use a word that ends in “ism.” Communism, socialism, Nazism, and capitalism are established concepts in history and the social sciences, and those terms can often be used fruitfully to gain knowledge and promote understanding. “Classism,” “sexism,” “materialism,” “cisgenderism,” and (yes) even racism are generally not used as meaningful or productive terms, at least as you have been taught to use them. Most of the time, they do not promote understanding. …

Second, you have been taught to resort to two moral values above all others, diversity and equality. These are important values if properly understood. But the way most of you have been taught to understand them makes you irrational, unreasoning. For you have been taught that we must have as much diversity as possible and that equality means that everyone must be made equal. But equal simply means the same. To say that 2+2 equals 4 is to say that 2+2 is numerically the same as four. And diversity simply means difference. So when you say that we should have diversity and equality you are saying we should have difference and sameness. That is incoherent, by itself. Two things cannot be different and the same at the same time in the same way.

Furthermore, diversity and equality are not the most important values. In fact, neither diversity nor equality is valuable at all in its own right. Some diversity is bad. For example, if slavery is inherently wrong, as I suspect we all think it is, then a diversity of views about the morality of slavery is worse than complete agreement that slavery is wrong.

Similarly, equality is not to be desired for its own sake. Nobody is equal in all respects. We are all different, which is to say that we are all not the same, which is to say that we are unequal in many ways. And that is generally a good thing. But it is not always a good thing (see the previous remarks about diversity). …

Third, you should not bother to tell us how you feel about a topic. Tell us what you think about it. If you can’t think yet, that’s O.K.. Tell us what Aristotle thinks, or Hammurabi thinks, or H.L.A. Hart thinks. Borrow opinions from those whose opinions are worth considering. As Aristotle teaches us in the reading for today, men and women who are enslaved to the passions, who never rise above their animal natures by practicing the virtues, do not have worthwhile opinions. Only the person who exercises practical reason and attains practical wisdom knows how first to live his life, then to order his household, and finally, when he is sufficiently wise and mature, to venture opinions on how to bring order to the political community. …

So, here are three ground rules for the rest of the semester.

1.  The only “ism” I ever want to come out your mouth is a syllogism. If I catch you using an “ism” or its analogous “ist” — racist, classist, etc. — then you will not be permitted to continue speaking until you have first identified which “ism” you are guilty of at that very moment. You are not allowed to fault others for being biased or privileged until you have first identified and examined your own biases and privileges.

2.  If I catch you this semester using the words “fair,” “diversity,” or “equality,” or a variation on those terms, and you do not stop immediately to explain what you mean, you will lose your privilege to express any further opinions in class until you first demonstrate that you understand three things about the view that you are criticizing.

3.  If you ever begin a statement with the words “I feel,” before continuing you must cluck like a chicken or make some other suitable animal sound.

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To their credit, the students received the speech well. And so far this semester, only two students have been required to cluck like chickens.

H/T: Mark Steyn

Jon Guze / Director of Legal Studies

Jon Guze is the Director of Legal Studies at the John Locke Foundation. Before joining the John Locke Foundation, Jon practiced law in Durham, North Carolina for over twent...

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