Logic and Experience: The Origin of Modern American Legal Education

By William P. Lapiana | Go to book overview
Save to active project

7

Opposition

Despite the victory in Chicago, the rise to dominance of the Harvard model of legal education was not a triumphal progress. Within the school, debate and dissension went on for decades. Elsewhere, in writings about the training of aspiring lawyers, criticism of Harvard's methods was constant. This criticism occurred in two phases. In the first phase, impracticality in Harvard's methods was asserted. The belief that "instruction at [ Harvard Law School] was particularly technical and historical, and when completed, necessitated an apprenticeship in some good attorney's office," found expression in the founding of Boston University Law School. 1 There teachers familiar with the practice of law offered not only an introduction to the science of law but also training designed to enable students to enter active practice on graduation. 2 Similar concerns surfaced in the debate about the diploma privilege in New York. The Albany Law Journal printed several editorials in the early and mid-1870s advocating legal education that would "familiarize [the student] with the details of practice and the examination of witnesses." 3 The imposition of a clerkship requirement by the court of appeals and its acceptance by Eliot and Langdell went far to answering these objections.

In the second phase of criticism, which became evident after the turmoil at Columbia in the early 1890s, more far-reaching issues were involved. By the turn of the century the contest between the case method schools and those offering traditional forms of legal education had become to a great extent a contest between two opposing visions of the nature of law.


The Case Lawyer

Early discussions of the usefulness of the case method dealt mainly with its origin in and perpetuation of Langdell's supposedly excessive theorizing. The premises of discussions about methods in legal education changed about the time of the changes at Columbia. By then the principal complaint was that the case method was too practical. In the view of critics, the case method produced "case lawyers," a reprehensible subspecies of the

-132-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
Logic and Experience: The Origin of Modern American Legal Education
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 254

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?