Religion Belongs at Law Schools

In the Jewish tradition, law and religion are nearly inseparable, but in American law schools, this isn’t the case. Mark Movsesian writes:

The Northwestern University law professor James Lindgren has published a survey revealing that religious commitments are comparatively rare on American law faculties. “Even compared to other professors,” he writes, “law professors are much less religious.” . . . Law professors are also “less likely to attend religious services than their non-professorial counterparts,” Lindgren writes.

Of course, Jews are undoubtedly overrepresented among the faculty and students at law schools, and there are a fair number of Orthodox Jewish law professors. But Movsesian’s argument, that religious perspectives on law would be a welcome addition to legal academia, should be relevant to people of any faith:

[R]eligious perspectives would enrich our discussion of law and offer our students perspectives they currently lack. For example, centuries of Christian reflection exist on many legal questions, in areas as diverse as contracts, criminal law, torts, property, legal ethics, and, of course, church and state. Few American law professors think to ask, though, what Christian learning has to say about these questions, and doing so would not be a good career move. With a few notable exceptions, elite law reviews have little interest in articles exploring Christian ideas about law.

This is a pity, because religious perspectives on law would offer much to our students. It is not simply a matter of knowing the historical foundations of our laws or appreciating the critiques of the past. Religious perspectives would offer students insights into current legal controversies. For example, in America today, we are debating whether the state may constitutionally order churches to close during an epidemic. . . . To understand the cases, students need to hear not only the secular perspectives of most law professors, but the perspectives of people inside faith communities, who can explain why believers find orders to close such an imposition. The comparative absence of religious law professors makes it less likely students will hear both sides.

Read more at Law and Liberty

More about: Academia, American law, Law, Religion

How to Save the Universities

To Peter Berkowitz, the rot in American institutions of higher learning exposed by Tuesday’s hearings resembles a disease that in its early stages was easy to cure but difficult to diagnose, and now is so advanced that it is easy to diagnose but difficult to cure. Recent analyses of these problems have now at last made it to the pages of the New York Times but are, he writes, “tardy by several decades,” and their suggested remedies woefully inadequate:

They fail to identify the chief problem. They ignore the principal obstacles to reform. They propose reforms that provide the equivalent of band-aids for gaping wounds and shattered limbs. And they overlook the mainstream media’s complicity in largely ignoring, downplaying, or dismissing repeated warnings extending back a quarter century and more—largely, but not exclusively, from conservatives—that our universities undermine the public interest by attacking free speech, eviscerating due process, and hollowing out and politicizing the curriculum.

The remedy, Berkowitz argues, would be turning universities into places that cultivate, encourage, and teach freedom of thought and speech. But doing so seems unlikely:

Having undermined respect for others and the art of listening by presiding over—or silently acquiescing in—the curtailment of dissenting speech for more than a generation, the current crop of administrators and professors seems ill-suited to fashion and implement free-speech training. Moreover, free speech is best learned not by didactic lectures and seminars but by practicing it in the reasoned consideration of competing ideas with those capable of challenging one’s assumptions and arguments. But where are the professors who can lead such conversations? Which faculty members remain capable of understanding their side of the argument because they understand the other side?

Read more at RealClearPolitics

More about: Academia, Anti-Semitism, Freedom of Speech, Israel on campus