Civilization in the United States: An inquiry by thirty Americans
General
Civilization in the United States: An inquiry by thirty Americans
United States -- Civilization
The remaining instrument of progress is the law schools. “Legal
education,” says Bryce, “is probably nowhere so thorough as in the
United States.” The chief reasons for this success are two, the
professional law teacher, who has replaced the retired judge and the
practising lawyer who lectured in his spare hours; and the case-system
of instruction. This method is not, as is popularly believed, the
memorization by the students of the facts of innumerable cases.
It imparts legal principles, not on the say-so of a text-book or
a professor, but by study and discussion of the actual sources of
those principles, the decisions of the courts. The same method in the
Continental Law would result in a class-room discussion of codes and
commentators, which are there the sources. One of the most interesting
signs of its success is its spread from law into other sciences such as
medicine. Books based on the study of concrete situations are used in
public schools for the study of geography and hygiene, and charitable
societies work out the general needs of the community from the problems
of individual families. This system has superseded in all the leading
law schools the old methods of lecturing and reading treatises. Its
most conspicuous service is, of course, vocational, the training of
men whose advice a client can safely accept. Already some States
have required a law-school degree as a condition of admission to the
bar, and the old haphazard law-office apprenticeship will eventually
disappear, although the question of how far a man who is earning his
living should be allowed to study law in his spare hours at a night law
school whose standards must usually be lower than a full-time school
remains as a difficult problem in a democratic country. Efficiency
of training conflicts with equality of opportunity. A second service
of the leading law schools is the modernization of the law through
the production of books. A great example of this is the “Treatise on
Evidence,” by John H. Wigmore, dean of Northwestern Law School, which
is every day influencing courts and renovating the most antiquated
portion of the common law.
Public-domain text, read in full here on John Shaqi.
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