All posts filed under: Right of Reply

In Defence of Critical Legal Theory: A Reply to Andrew Kelman

I read Andrew Kelman’s recent Quillette article “Beyond All Warnings: The Radical Assault on Truth in Law” with interest and some appreciation. Kelman characterises his article as an attack on ‘critical legal theory.’ Invoking Jordan Peterson, Kelman connects the emergence of critical legal theory in the law school with the broader academic fad of what Peterson has called “postmodern neo-Marxism.” These relativistic philosophies, Kelman argues, have undermined the belief that there can be neutrality and truth in any field, including the law. Drawing on postmodern philosophy, critical legal theorists and their followers, convinced that all law is about power, seek to use the legal system to redistribute power to those groups they feel have been traditionally marginalised in society. "Conservatives and classical liberals must unite to find a new way to end bigotry without the tribalism of extremist identity politics…Twenty years of increasing corruption in the law has passed, and we are now beyond all warnings." https://t.co/g5DyGRV32m — AndrewKelman (@TheUKDemocrat) April 3, 2018 Kelman argues that the influence of critical legal theorists has been pernicious. Under …

Deliberation Not Boundaries: A Reply to Wessie du Toit

In a Quillette piece entitled “Does Free Speech Need Boundaries to Survive?”, writer Wessie du Toit presents a case against what might be called free speech absolutism; that is, the position that no boundaries should ever be imposed on expression. In what follows, I will make a radical case for free speech absolutism, that goes beyond merely defending the principle. Let’s begin with du Toit’s own arguments. He makes a compelling case as to why we might have reached, or at least be approaching, the point at which liberal institutions are threatened by free speech: It wouldn’t be misleading to say that the greatest threat to free speech today comes from free speech itself. In particular, it comes from the sheer volume and chaotic nature of that speech. The current polarization of politics is rooted in an endless, sprawling argument about values taking place online – an argument that is now spilling over into demonstrations, acts of violence, and other culturally charged spectacles. He further explains how this poses a problem for free speech absolutism: …