…versus New Law School:
New Law School culture, growing out of the Critical Legal Studies movement that first surfaced in law schools during the 1980s, is quite different. In New Law School thinking, the law does not embody a rational system of justice—or even strivings toward such a system—but is essentially a political construct that has historically operated to keep the rich and powerful in their places of wealth and power and other groups—women, racial minorities, the disabled, and the poor—in their socially subordinate places. If this characterization sounds Marxist, that is because Critical Legal Studies—and its intellectual progeny, Critical Race Theory and Feminist Legal Theory—grew out of the New Left radicalism of the 1960s, which viewed American governmental and social structures as systems of oppression. It has also been influenced by postmodernist literary theory, with its assumptions that there is no objective truth or reality. In New Law School thinking, reason, free will, and personal responsibility are illusions, for all legal battles are actually struggles of race, class, and gender, in which power, not justice, is the ultimate goal. In New Law School scholarly writing, rigorous analysis of court opinions and the drawing of fine distinctions underlying legal arguments have been supplanted by “story telling”: personal narratives typically involving the law professors’ own experiences as members of an oppressed group with the race-gender-class matrix that is the source of their oppression. Since a shift in the power structure, not justice, is the goal, any tactic that coerces the recalcitrant into conforming to the new power regime is permissible in New Law School thinking.
Somehow, I suspect that the current Attorney General of the United States is a product of New Law School, as is his boss in the White House. Speaking of which, here is the latest outrage in the federal gun-running program:
In a surprise move in a controversial case, the U.S. Attorney’s Office in Arizona is opposing a routine motion by the family of murdered Border Patrol Agent Brian Terry to qualify as crime victims in the eyes of the court.
…The maneuver by Burke appears self-serving: his office ran Operation Fast and Furious on the ground, and two guns “walked” under Burke’s command were used in the firefight that murdered Agent Brian Terry. Burke’s provocative decision to block a routine filing seems intended to protect him in the event of a criminal or civil trial…
Laws are for the little people.