"At the heart of so much social unrest, hatred, and warfare is the sin of envy." --R.C. Sproul
This is the web log for Professor Duncan's Property Class at Nebraska Law. Rugged individualism and liberty are inseparable: “There can be no liberty unless there is economic liberty.” — Margaret Thatcher "We didn't love freedom enough. We purely and simply deserved everything that happened afterward." -Aleksandr Solzhenitsyn "This is America, we don't share land here." John Dutton Yellowstone
Thursday, December 08, 2022
Envy and Private Property
Welcome to Law School: Be Sure to Develop Tough Skin
In law school we debate many controversial issues, issues that are very important and which deeply divide us. How should inclusive leaders in the law deal with debate on controversial issues that divide us?
If you believe an idea is wrong, debate it and respond with your own best argument, but never try to
censor an argument you don't like or label it as "offensive." Labeling a legal argument as "offensive" or "hurtful" or "inappropriate" is a power play designed
to deprive those with whom you disagree of their best arguments and force them to adopt your
narrative? Don't do this to others; and never allow others to do this to you (and never apologize for making a reasoned argument in good faith). When you shout "I am offended" you are basically conceding that you have lost the argument, that you are checkmated and can only curse in defeat.
Debate is always welcome in this
class. But censorship and the cancel culture have no place anywhere in a law
school committed to reasoned analysis of legal arguments. Diversity means diversity of viewpoints and ideas in a wide-open academic marketplace of free expression; and inclusion means inclusion, not exclusion. Every person--and every idea--is welcome and included here at the Law College. Debate respectfully as learned friends in the law, not as ideological enemies.
My advice to you all is to acquire tough skin when engaged in legal debate. Amazon sells a product (see above) that may help. And again, welcome to the Law College, to Property class, and to a magic carpet ride of reasoned and respectful debate and analysis of any and every legal issue.
Live Not By Lies
Today, we are often pressured by friends, by employers, even by government, to affirm ideas that we do not believe are true. What should we do when someone with power over us asks us to affirm or endorse an idea we believe to be false. Alexander Solzhenitsyn, a dissident imprisoned for his activism by the totalitarian regime of the former Soviet Union, told us the key is simply to "refuse to say that which we do not think." Here is what he said in context in his essay entitled Live Not By Lies:
"And the simplest and most accessible key to our self-neglected liberation lies right here: Personal non-participation in lies. Though lies conceal everything, though lies embrace everything - not with any help from me. This opens a breech in the imaginary encirclement caused by our inaction. It is the easiest thing to do for us but the most devastating for the lies. Because when people renounce lies it simply cuts short their existence. Like an infection, they can exist only in a living organism.
We do not exhort ourselves. We have not sufficiently matured to march into the squares and shout the truth out loud or to express aloud what we think. It’s not necessary. It’s dangerous. But let us refuse to say that which we do not think. This is our path, the easiest and most accessible one, which takes into account our inherent cowardice, already well rooted. And it is much easier - it’s dangerous even to say this - than the sort of civil disobedience which Gandhi advocated.
So in our timidity, let each of us make a choice: Whether to remain a conscious servant of falsehood (of course, it is not out of inclination, but to feed one’s family, that one raises his children in the spirit of lies). Or to shrug off the lies and become an honest man worthy of respect both by one’s children and contemporaries.
And from that day onward he:
- Will not henceforth write, sign, or print in any way a single phrase which in his opinion distorts the truth.
- Will utter such a phrase neither in private conversation nor in the presence of many people, neither on his own behalf nor at the prompting of someone else, neither in the role of agitator, teacher or education nor in a theatrical role.
- Will not depict foster or broadcast a single idea which he can see is false or a distortion of the truth whether it be in painting, sculpture, photography technical science or music.
- Will not cite out of context, either orally or a written, a single quotation so as to please someone, to feather his own nest, to achieve success in his work, if he does not share completely the idea which is quoted, or if it does not accurately reflect the matter at issue.
- Will not allow himself to be compelled to attend demonstrations or meetings if they are contrary to his desire or will, will neither take into hand nor raise into the air a poster or slogan which he does not completely accept.
- Will not raise hand to vote for a proposal with which he does not sincerely sympathize."
So, my advice to you, as you prepare for a life in the law, is to live in the truth and never allow yourself to be pressured to say that which you do not think.

