Politicology ENCORE: The Devil’s Advocates—Part 1
Feb 11, 2026
Rebecca Roiphe, Joseph Solomon Distinguished Professor of Law and former Manhattan prosecutor, explores how legal ideas shape democracy. She traces critical legal studies, intersectionality, and power dynamics. Short, sharp conversations defend the adversarial system and warn about weaponizing institutions. The talk focuses on law’s role, legitimacy, and why equal protections matter.
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Rule Of Law Depends On Shared Legal Meaning
- The rule of law depends on a shared understanding of what the law is and how it operates.
- If lawyers and judges view law as infinitely malleable, liberal democracy itself is at risk.
Critical Legal Studies' Core Claim
- Critical Legal Studies (CLS) emerged from legal realism and 1970s radical movements in law schools.
- CLS argues law is "infinitely malleable" and that power dynamics are baked into legal rules and outcomes.
Intersectionality Challenges Neutral Institutions
- Intersectionality grew from CLS roots and emphasizes power's pervasiveness across identity axes.
- That view challenges neutral concepts like merit, free speech, and fair dispute resolution central to liberalism.
