Judd is fortunately still with us. And Quince, still unapologetic, is now stepping down as dean to go away and work quietly in a corner. Her legacy however remains: that those wishing to take up law as a reasoning discipline should try to find a university with a faculty whose leadership has greater respect for that argument.
Khylee Quince’s belittlement of Judd KC raises important questions about the lessons we impart to the next generation of lawyers. Are we equipping them to confront and counter challenging viewpoints effectively? Or are we teaching them to resort to personal attacks?
So let's leave the personal and look at law. As Judd pointed out, quite simply: tikanga cannot be "first law" because tikanga is not law at all, it is a collection of beliefs; to tell students it is law is cultural indoctrination.
[T]ikanga” ... is a set of beliefs, principles of a spiritual nature, a way of life (“the right Māori way of doing things”). When beliefs result in people consistently behaving in a certain way, the behaviour may become customary. Then, in certain carefully confined circumstances, customs may attain the status of law.
If “tikanga” were confined in its meaning to customs which had attained the status of law, there would be no problem. Introducing a regime which would impose beliefs, principles of a spiritual nature, a way of life of some of our people, on the nation as a whole is a completely different proposition. Beliefs and principles of a spiritual nature are not law. The way of life of some is not part of the law of the land. ...
Where tikanga beliefs have been acted on, they may have given rise to customary behaviour and those customs might [mature] into a species of customary law applicable for specific purposes, for example for determining who owns Māori land, but [one cannot simply declare] that tikanga [is] first law.But they are not yet law, let alone first law. And hissy fits still won't change that.
Calling tikanga something which patently it is not, not only offends reason but undermines the value of what it actually is. Making a falsehood a fundamental part of the description of its nature is not a good way to ensure its survival. ...
Beliefs, even if common to the entire population, are not law. However, beliefs may cause people to act in a certain way. Those actions may become customary and may even mature into customary law.

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