Logic and Experience: The Origin of Modern American Legal by William P. LaPiana

By William P. LaPiana

The nineteenth century observed dramatic adjustments within the felony schooling process within the usa. prior to the Civil warfare, attorneys discovered their exchange basically via apprenticeship and self-directed examine. via the tip of the nineteenth century, the trendy criminal schooling process which was once constructed basically by way of Dean Christopher Langdell at Harvard was once in position: a bachelor's measure used to be required for admission to the hot version legislations university, and a legislation measure used to be promoted because the top education for admission to the bar. William P. LaPiana presents an in-depth research of the highbrow historical past of the transformation of yank felony schooling in this interval. within the approach, he deals a revisionist portrait of Langdell, the Dean of Harvard legislation tuition from 1870 to 1900, and the earliest proponent for the fashionable approach to criminal schooling, in addition to portraying for the 1st time the competition to the adjustments at Harvard.

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The very excellence of its methods will send it there all the faster. Gray's almost desperate desire to forestall the creation of "a majority of the faculty made up of professors whose opinions and training will more and more tend to divorce the school from the facts which the students have to meet in the world" indicates the unsettled condition of Harvard Law School thirteen years after Langdell's accession to the deanship, as well as the continuing influence of those aspects of Langdell's personality that Carter had so acutely observed.

17 Indeed, the explication of principles was a crucial part of legal education as carried on in law schools. "19 At least one of his students carried away just that impression: The lecturer's hour was given to the clearest statement of legal principles, the keenest dissection of cases, and oftentimes to the warmest discussions of what he deemed heresies of the law. "21 At the very beginning of Langdell's deanship, fifteen years later, one of his colleagues who had been at the school since 1855, Emory Washburn, declared his own allegiance to the rule of principle.

51 Marshall's contemporaries who sat as state court judges in Virginia held much the same view. Judge St. "54 Senator John C. Spencer, rendering an opinion in 1825 as a judge of the New York Court of Errors, then the highest court of the state, described the authority of English cases in much the same way. " 55 In the decade before the Civil War the Georgia Supreme Court reiterated this view. In an opinion dealing with a complicated question of will construction, Judge Ebenezer Starnes turned to the common Antebellum Legal Education 37 law for direction.

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