A Tale of Two Letters

Tonight, I read two academic letters of public protest against What Is Going On—one from 2,000 of the nation’s top scientists and one from more than 80 Harvard Law School professors. The first letter is about the threat to scientific research, the second about the threat to the rule of law.

Despite being in a discipline adjacent to the teaching and study of law, I felt that it was the letter of the scientists that truly spoke to me about what is politically at stake in this moment. And that was because it was the scientists who spoke the clearest, most direct, most forceful, and least artful, language of political alarm.

At the simplest level, the scientists know how to use strong and direct verbs: gut, fire, pressure, protect, warn, slash, terminate, defund, manipulate, destroy. The lawyers speak like, well, this: “We believe that American legal precepts and the institutions designed to uphold them are being severely tested.”

When the scientists state that they don’t hold the same views, they say this:

We hold diverse political beliefs, but we are united as researchers in wanting to protect independent scientific inquiry. We are sending this SOS to sound a clear warning: the nation’s scientific enterprise is being decimated.

The law professors write like, well, this:

Each of us brings different, sometimes irreconcilable, perspectives to what the law is and should be. Diverse viewpoints are a credit to our school. But we share, and take seriously, a commitment to the rule of law: for people to be equal before it, and for its administration to be impartial. That commitment is foundational to the whole legal profession, and to the special role that lawyers play in our society. As the Model Rules of Professional Conduct provide: “A lawyer is … an officer of the legal system and a public citizen having special responsibility for the quality of justice.”

The scientists, as you can tell, write with an assurance in, and confidence about, their audience; the law professors don’t seem to know whom they’re talking to and what they can presume about their audience.

The two letters made me wonder about the political capacities and sensibilities of academic scientists versus law professors. One would think the latter would be more skilled and effective in the art of rhetoric. But that does not seem to be the case.

Perhaps it’s that it’s easier to dramatize the consequences of a broken regime of scientific research versus the rule of lawlessness. But I don’t think that’s it, for two reasons.

First, this is a nation founded by lawyers, teeming with lawyers, obsessed with law and litigation and litigiousness, worshipful of constitutionalism. It shouldn’t be that hard to dramatize what’s at stake, legally. Yet none of the law professors seems to have found a language that can actually speak to the American people.

Second, in the course of speaking about the threat to research, the scientists manage to articulate much more clearly the larger political stakes of a regime of intimidation and coercion—precisely the sort of thing that law professors are supposed to understand and be able to convey. But they don’t. Or can’t.

I don’t know what that tells us about the state of the world, but it’s interesting.


Discover more from Corey Robin

Subscribe to get the latest posts sent to your email.

6 Comments

  1. VL Brandt | #

    I think part of the explanation for the difference in language is that the letters are addressed to two very different audiences, by two bodies of academics that have very distinct relationships to those audiences. The letter from members of the National Academies of Sciences, Engineering, and Medicine (which includes Economics and Sociology, so not all ‘hard sciences’, so to speak) is from very accomplished seniors scholars, many of whom are emeritus, seeking to stir the American public to action: they close with a plea for the reader to “Share this statement with others, contact your representatives in Congress, and help your community understand what is at risk.” The Harvard Law Faculty letter, by contrast, is directed toward Harvard Law Students and seems meant to quietly affirm certain values in language that won’t get anyone who signs or reads the letter in trouble while Harvard takes its turn under federal scrutiny.

    • Brendan Hogan | #

      Yes, I think this is correct. The audience and office from which they are writing makes all the difference.

  2. Mike Conley | #

    Clearly, the lawyers need to hire the lawyer film screenwriters to write their letters. Those folks always seem to get their point across clearly.

  3. Nelson | #

    btw, random aside, but I’m glad that the blog is now the go to vs twitter or whatever else. Not saying the blog (as a medium) is perfect, but it’s a damn sight better than social media (maybe reddit in a few subs can be useful for discussion… still hard).

  4. Dene Karaus | #

    I see nothing to criticize in the attorneys’ statement. It’s longer and very nuanced, but still very meaningful.

  5. werewolfbriskly40ff5a5367 | #

    Adrian Vermeule’s reply to his colleagues is somewhat better written:
    https://thenewdigest.substack.com/p/an-open-letter-to-my-students

Leave a Reply