Wednesday, August 18, 2004
Jerry Falwell's curious jurisprudence
Jerry Falwell's Liberty University School of Law opens its doors this month. Given my general inclination toward the "marketplace of ideas" approach to life in a pluralist society, I'm all in favor of bringing fresh voices into the legal academy, even Jerry Falwell's. I do wonder why exactly he feels led to open a law school given the school's stated philosophy that "law should not be wielded as an instrument of political, social, or personal change, but . . . should serve the common good of mankind." It seems far-fetched to presume that the common good can be served without bringing about political, social, or personal change. And if there's no instrumental function of law other than maintaining the status quo, what exactly does Falwell envision his graduates accomplishing? His Moral Majority certainly seems to have had a broadly instrumental view of law, and I can't see how lawyers who are serious about cultural engagement can segregate the law from its political, social, and personal implications, whatever they may be.
Rob
https://mirrorofjustice.blogs.com/mirrorofjustice/2004/08/jerry_falwell_d.html