
When Windsor law school condemned the Canadian legal system as an instrument of oppression, I suggested in a Post column that legal education had lost its way. Some of my colleagues do not agree. Law schools should be political, say Queen's assistant professors Lisa Kelly and Lisa Kerr in a piece published in the Globe and Mail. "Law has helped to create much of the inequality that we see today, and we should be suspicious of those who don't want law schools to notice."
Kelly and Kerr say that law is political, and on that they are correct. Legal rules have historical and philosophical context and reflect ideas about how the world should work. How should we punish people who harm others? Should the same standards apply to everyone? Can the government tell you what to say? The law on these subjects reflects political beliefs. Good law teachers embrace that reality to examine and challenge received truths. Legal education should expose students to a diverse set of perspectives so that they can figure out what they think. That is quite a different thing from law schools advocating an ideology and telling students what to believe. Rather than teaching intelligent critical thinking about the politics of law, law schools have themselves become political torchbearers for social justice dogma. The result is as much indoctrination as education.












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