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| | These may be sensitive topics, and no one wants to be known as being insensitive, but we must encourage direct dialogue, both in law schools and in real life practice. This will certainly be difficult for me to do. I have been trained to be politically correct, and it has been reinforced throughout my education and work experience. Furthermore, I am by nature risk averse, something many lawyers purport to be. But to truly effect change, lawyers and law students must be willing to step out of our comfort zones and use the power that our licenses and educations give us to directly address problems and work on solving them. Recognizing the value of being uncomfortable in some situations is the first step. | |
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# * Set ALLOWTOPICVIEW = TWikiAdminGroup, DavidGoldin | > > | This is not
convincingly argued. No evidence is offered in support of the
original implication that it is "being lawyerly" that reduces the
effectiveness of lawyers. The argument is puzzlingly divided, without
acknowledgment of the division. "Lawyerly" communication is first
said to irritate others and then proposed as the motivation, or at
least the reason, for individual lawyers' neutrality in the face of
injustice.
No reason to believe
either of these propositions, and they're far from self-evident.
That lawyers are detested for being too polite or too cautious is not
my experience, and I doubt it's the experience of anyone who's held a
license for a decade, two, or three. Lawyers, almost always other
peoples' lawyers, are disliked for being arrogant, opinionated,
pushy, and—in their own opinions—entitled. This
stereotype may be no more accurate than the one you present, but it
could hardly be more different.
That lawyers are
motivated not to interfere with injustice by "political correctness,"
here defined as though it were a reluctance to offend, also seems to
me unestablished, to put it mildly. The most important reason
lawyers don't interfere with injustice is that injustice pays them to
work for it, which they happily and contentedly, or at least
unhappily and guiltily, do. The next most important reasons are all
the same ones that keep laymen from working against injustice: habit,
fear, indifference, dissociation, and various forms of lack of good
will. By any standard of measurement, I know a large number of
lawyers, and I can't think of any who are restrained from doing good
primarily by an excess of verbal timidity.
The concept of
"striking a balance" strikes me as nonsense. Though I sometimes use
impoliteness or vulgarity in my work, there's nothing whatever that
requires resort to particular verbal tactics in order to deal with
injustice at any level, nor does the employment of verbally aggressive
tactics in any way necessitate or excuse irresponsible legal
imprecision. The suggestion that the primary difficulty in making a
commitment to moral engagement in one's practice is gauging the degree
of social offense one is willing to impose through one's words rings
hollow for me: I can think of many heroic lawyers, particularly
African-Americans practicing in hostile jurisdictions under constant
threat from the powers of white supremacy, who have spent entire
careers in constant struggle for social justice without ever making an
undignified, let alone an offensive,
statement.
Then there's the
peculiar use of "political correctness," to which I've already
referred. That phrase is usually employed on the American Right,
where it seems to me to express the linguistic equivalent of white
skin privilege: resentment at the "sudden" discovery that the
traditional vernacular taught by the WASP Ascendancy or permitted by
it to the white working class is fraught with white supremacy,
patriarchal misogyny, anti-Semitism, homophobia, anti-atheism, and
many other bigotries. Two positions develop as a result of this
"shock" and "resentment," as previously-marginalized people gain
recognition of their dignity and equality. Newly empowered, these
people begin to demand relief from the constant repetition of these
bigotries with which they feel literally assailed. At the same time,
groups afraid of the loss of economic and social advantage begin to
insist on their freedom to offend, maintaining—Arnold would
say—precisely the least inclusionary of their creeds in order
to maintain cohesion in a shrinking group feeling the threat of being
overwhelmed or dissolved. (Virulent nationalisms of various kinds
boil up in dissolving multinational empires for this same reason.)
None of this has
anything to do with your actual subject, for which "political
correctness" thus seems to me a poorly-chosen analogue rather than
the mot juste. You are talking about inhibitions against expressing
dissent from the actual dogma of power. Those who disparage
political correctness are unhappy with stigmatization of those who
want to call women c***ts or black people n*****s; it is another sort
of conformism altogether that silences the expression of doubts about
capitalism, or the hostility of the rich to the needs of the poor, or
the sham of democracy enacted in an empire under aristocratic
control. Efforts against bigotry may be resisted as thought control,
and while I admit to being unsympathetic to the enterprise, it won't
help to confuse all forms of social control over speech without
regard to their generality or context.
In the end, I think it
would be helpful to go back to the outline and ask what the real
subject of the essay is. If it is an essay about what prevents
lawyers from achieving their potential in agitating for social
change, a shift of emphasis from language to action, downward from
the verbal superstructure to the material base (to risk an idiom),
might be helpful. If it is an essay about lawyers' talk, a further
reading in Lawyerland might prove a useful
corrective. | | \ No newline at end of file |
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