James McConvill clearly can’t hack the blogosphere. After being criticised by various stalwarts of the Australian blog scene, notably fellow academics Mark Bahnisch and Andrew Norton, he has pruned back his blog significantly. However, several of his “disappeared” posts are still available if you know where to look.
At first it was not clear why McConvill decided to pull the first of these, on the type of judge who should be appointed to fill the vacancy that will be created when Justice McHugh retires from the High Court. However, its conclusion that the Government should “appoint a shining star of similar capacity to Kirby” only serves to emphasise how farcical is the second:
Within the next 10 years the complete composition of the current High Court of Australia will have retired. To replace them, as I have suggested in an op-ed published in The Canberra Times last week, we need real leaders with great minds and proven capability. Professor Bagaric should be placed on the waiting list. If the High Court could be transformed in a similar way as Professor Bagaric has done with Deakin Law School, we could enjoy two great legal institutions in this country.
Mirko Bagaric made a name for himself by advocating torture in a law review article. As Mark Bahnisch pointed out,
by publishing in a student edited law review, and a fairly obscure one at that, [Bagaric] avoided the sort of scrutiny through peer review that is fundamental to the testing of academic arguments.
It seems that the Great Leader and Intellectual’s approach rubbed off on his staff at the Deakin Law School, which leads me to the other McConvill posts that vanished from his blog:
These three were presumably removed out of embarrassment following the Deakin Law Review’s decision to publish an article by racist academic Drew Fraser. When I saw the headline announcing that Fraser’s views would be published, I knew it would be by Deakin, because Bagaric is head of the law school and McConvill edits the law review. With that publicity-seeking pair running the show, it was almost inevitable that they would seek out Fraser — a man who not only has links to a neonazi organisation but also calls for race riots because “one could be forgiven for thinking that one is in Hong Kong when entering the library or other public spaces on campus.”
Unlike the University of San Francisco Law Review, which gave Bagaric’s torture bit a run, Deakin’s journal is peer reviewed. The idea of peer review is to provide a safeguard as to quality, by giving established academics with experience in the relevant field an opportunity to evaluate the article before publication. However, the process seems to have fallen over in this case:
Journal policy was to act on advice from “double blind” academic review — neither author nor reviewer should know each other’s identity.
But Professor Fraser’s authorship was clear to two potential reviewers who “rejected it in terms of not wanting to consider it”, Mr McConvill said.
Two other reviewers — a legal academic and a sociologist with expertise in the White Australia policy — advised publication.
The suggestion seems to be that the first reviewers couldn’t do the job because they could identify Fraser’s authorship, but I think you’d struggle to find someone who couldn’t. Naturally, they can’t tell us who finally approved the article, but I’d say neither are strangers to controversial polemics dressed up as academic work. My guess is that the legal academic is on the law review’s editorial board, and the sociologist features in Fraser’s article as a “tender minded” chap whose defence of White Australia was not strong enough.
Of course, if Fraser has been given an easy ride due to Deakin’s headline-grabbing approach, that will be very clear when it is published in October. I have very little doubt that Fraser’s article will be demolished, and McConvill will be embarrassed for allowing it to be published in the first place.
It is tempting to think, as Sinclair Davidson does, that we should wait until the article is published, “give the guy a fair trial, then hang him.” The problem is that by then it is too late. Racists have already used Fraser’s status to bolster their (and his) repugnant beliefs, including the need for racist violence. However, he has not yet published anything on the topic. When they can point to an academic article that vindicates their claims — in a peer reviewed law journal, no less — any criticism in subsequent volumes will be irrelevant. Fraser and his neonazi mates will have what they were after, and will use it to legitimise their toxic beliefs.
It is because of this that I am in two minds about the threatened lawsuit. On one hand, I agree with Charles Richardson that freedom of thought is fundamental to a university, and that such cases can have a significant chilling effect. The argument is all the stronger when we are talking about a reputable, peer-reviewed journal that does not publish lightly.
However, if the review process has been diluted in the name of controversy, then the scales tip towards prosecution for racial vilification. As I argued above, pseudo-academic writings form the platform on which violent racism is based. Drew Fraser has links to the Patriotic Youth League, a neonazi organisation that has been accused of waging a race-hate campaign against African students. Fraser has also suggested that race riots might be necessary as some kind of racist “propaganda by deed”. In these circumstances, it may be appropriate to question whether the usual academic privilege ought to apply.
If the Deakin Law Review has allowed itself to be used to further a violent racist agenda, then it should be held to account.
Update: Alas, Google’s cache is quickly losing those blog posts.