Civilization in the United States: An inquiry by thirty Americans
General
Civilization in the United States: An inquiry by thirty Americans
United States -- Civilization
Of late years, the need for fresh changes in method has become plain.
Christopher Columbus Langdell, the inventor of the case-system, laid
down two fundamental propositions: “First, that law is a science;
second, that all the available materials of that science are contained
in printed books.” Experience has proved that he was right in believing
that attendance in a lawyer’s office or at the proceedings of courts
was not essential to a legal education. But the scope of legal study
must now extend beyond printed books, certainly beyond law books.
Since law is not an isolated department of knowledge, but a system
of rules for the regulation of human life, the truth of those rules
must be tested by many facts outside the past proceedings of courts
and legislatures. Not only law in books but law in action has to be
considered, and after learning the principles evolved by a process of
inclusion and exclusion in the decisions or by intermittent legislative
action, the scholar must find how those principles actually work in
the bank, the factory, the street, and the jail. The problem is still
debated, whether this can better be done in the pre-legal college
course or by the use of non-legal experts in the law schools, or
whether the necessary material should be assimilated and presented by
the law teachers themselves. Yet this widening of the content of legal
study does not in the least impair the validity of Langdell’s method,
the systematic investigation of the sources of law at first hand,
whether those sources be found in the reports and statutes which he had
in mind, or in the economic, social, and psychological facts which have
demanded attention in recent years.
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