Download PDF Beyond All Reason: The Radical Assault on Truth in American Law

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Download PDF Beyond All Reason: The Radical Assault on Truth in American Law

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Beyond All Reason: The Radical Assault on Truth in American Law

Download PDF Beyond All Reason: The Radical Assault on Truth in American Law

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Amazon.com Review

There is a school of legal scholarship that blends some of the most radical theories extant in legal circles today, christened "radical multiculturalism" by Daniel A. Farber and Suzanna Sherry, law professors at the University of Minnesota; in their book, Beyond All Reason, they give us plenty of reasons to worry about it. According to Farber and Sherry, both long-standing liberals, radical multiculturalism gives liberalism a bad name. It is a system of thought that admits no objective reality, no truth, no hope of a just or equal society. Its proponents--everyone from critical race theorist Richard Delgado to feminist Catharine MacKinnon--posit that such values are merely tools of the dominant society (white males) used to keep everyone else subservient. In such a world, then, it doesn't matter whether or not O.J. Simpson killed his ex-wife; the objective truth in that case is less important than the fact that a black man was put on trial in a white-dominated society, making him at least as much a victim as Nicole Simpson. Farber and Sherry write with restraint and patience, but there's no doubt that they're seriously alarmed by what they see as the disproportionate power that radical multiculturalists wield in the legal world. Though their numbers are small, proponents of this kind of legal thinking are vocal and aggressive; their influence is being reflected more and more by the choices of law school professors and deans, the slant of curriculums, and eventually in the thinking of the students they teach. To Farber and Sherry, such a turn of events is cause for deep concern, for what hope can there be for real justice--real peace--in a legal system that rejects the existence of truth--or worse, denies that it matters.

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Review

"Although I disagree with every word of this book, I found it utterly absorbing and uniquely provocative."--Laura Kalman, Professor of History, University of California, Santa Barbara"Professors Farber and Sherry have given us a sober and passionate defense of the liberal Enlightenment faith against its most serious intellectual assault in a generation. More effectively than any scholars I know, they remind us of the moral, legal, and political stakes in the currentacademic battles between the party of reason and party of emotionalism and subjectivity."--Jeffrey Rosen, Legal Affairs Editor, The New Republic"At a time when some on the right as well as the left are trying to turn individual liberties into swear words, these good old causes could use some help. They get it here."--Walter Olson, The Wall Street Journal"A vigorous critique of present-day radical, postmodern multiculturalism in legal academia."--David Wagner, The Washington Times

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Product details

Hardcover: 208 pages

Publisher: Oxford University Press; 1 edition (October 30, 1997)

Language: English

ISBN-10: 0195107179

ISBN-13: 978-0195107173

Product Dimensions:

8.2 x 0.9 x 5.7 inches

Shipping Weight: 12 ounces (View shipping rates and policies)

Average Customer Review:

3.8 out of 5 stars

8 customer reviews

Amazon Best Sellers Rank:

#631,192 in Books (See Top 100 in Books)

I like the last two sentences of the authors' Conclusion on pg.143: "In short, we must always be open to dialogue. But even pragmatists . . . must sometimes stand on principle." This seems fair to me.Too many I fear, believe that negotiation means to meet somewhere in the middle. I don't. However I believe that my side can listen to and consider the other side's arguments to see if anything has changed before saying No.According to radical multiculturists stand fact and reason on their heads in their efforts to remake the world into their version of a better place. They put idealism foreward and then insist that anything that does not accomplish it in society must be overturned no matter that such bending goes against truth and reason. Example: It doesn't matter that Twana Brawley (sp?) was proven to have cooked up her claim of maltreatment by whites. I suppose that her defenders would say that her claimed injustices COULD HAVE happened and therefore she should not be punished for her devious conduct of lying. Instead people should consider her claims to have merit.I find nothing to yield to when confronting radical multiculturism as set out in this book. I know that my fellow octogenarians usually resist change. I believe this resistance is because we usually find no good reason for it. But in the case of American law taking notice of faddish, modern concepts that go against nature as does most or all of radical multiculturism, all reasonable adults should heed and benefit from the wisdom of experienced old persons who are not in our dotage.Some say that it is unfair to exclude or downgrade certain favored concepts advanced by minorities (into which I place women for purposes of this opinion). To this claim of unfairness I ask: Is it unfair to hold out against religions that practice dark age barbarism, misogyny, and adherence to the demand that all independence of individuals be surrendered to the demands of some dark age prophet? Must society consent to the feminization of our armed forces even though women lack the physical strength of men? IQ is the measure of one's capacity to deal with complexity; and degree of "success" in life is usually proportional to IQ score. It has been shown that some races possess higher mean, bell-curve IQs than others. Jews and East Asians tend to score above Hispanics and Blacks. For example It has become obvious that Jews and East Asians qualify in much higher numbers for entry into intellectually demanding American universities than do Blacks and Hispanics. Therefore why shouldn't high intellectual merit be placed in positions of responsibility, over applicants who have less?Over the centuries our U.S. society has prospered remarkably by encouraging merit by rewarding it. Additionally, until recently we have been unencumbered by restrictions on what we as individual can say. Such has begun to be undone especially on university campuses.Our society has made it anathema to speak of or otherwise recognize racial differences of most types, except in the game of basketball. I submit that society deserves being faulted for not recognizing AND ACTING ON racial differences. I also submit that Western Civilization is superior and must be protected.The book pertains to American Law. All that I have stated above fits into that category.

With a clarity and unpretentious use of language, with thoughtful supply of definitions, and the presentation of a methodical and structured argument Farber and Sherry take on the obscurantism and pretentious polemics of post-modern "scholarship". While their arguments and marshalling of facts are impressive, their style and form is also exemplary of the best in Western enlightened tradition. Very strongly recommended.

This book, while well written and easy to follow, only rings true if the reader has an incomplete understanding of Critical Race Theorists (those who the authors deem "Radical Multiculturalists").Their explanation of Critical Race Theory is only half-finished at best, and at worst it's downright misleading. The book is filled with conclusions that Farber and Sherry argue are the only logical answers to "Radical Multiculturalist" claims. In reality these Critical Race Theory claims should lead to very different conclusions that have been more fully explained elsewhere, but are blatantly ignored here.It would be easy for many with life experience typical for academics/legal students to take the conclusions drawn in this book as reasonable and look no further. But if we are ever to strive for real objectivity in the law (what Farber and Sherry claim to be defending), we must acknowledge that the "Reasonable Man" of the Enlightenment needs to be seriously reexamined as a perspective that is inadequate for serving everyone in our diverse country.Please look into Critical Race Theory scholarship and take part in both sides of this debate. I think you will find that the critique of the other side is not the "Radical Assault on Truth" that Farber and Sherry think it is, but rather a valid, scholarly, critical take on how our legal system ACTUALLY functions (which is not currently in a state of objectivity).

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