lems that may perplex English legal educators in the future.

I. THE LAW SCHOOL.

The term "law school" is not so generally employed in England as in America, but I desire for the present to adopt this convenient generic term, and under it to indicate the nature of the various organizations that exist in England for the purposes of legal education, having especially in view in each individual instance both the teaching staff and the administrative authority. I propose to look first at the law schools of the Universities, then at the law schools of the great Professional Societies, and finally at the law schools in various provincial centers and districts.

I. I shall look for a moment only at Cambridge; and it will help us to understand what the law school there really is if we remember that the University as such employs its own Professors, Readers, and other teachers of law, just as it employs its own Professors, Readers, and other teachers of history and other branches of learning, and that in addition nearly every separate College employs its own Lecturer or Lecturers on law, just as it employs its own Lecturer or Lecturers on history, natural science, and classics. These two separate groups of men, the University law-teaching staff and the various Collegiate law-teaching staffs, constitute the entire official law-teaching staff at Cambridge.

Just as the teaching work of the Cambridge Law School is thus performed by the combined staffs of the University and the various Colleges, so, too, officials of the University and officials of the various Colleges unite in carrying on the administrative work of the School, these officials being chiefly the Special Board for Law of the University and Collegiate Tutors, Lecturers, and Directors of Studies.

There is, therefore, as you will see, a Law School at Cambridge, but it is a Law School somewhat different from those of America. The elements of the Cambridge Law School must be sought in various parts of that complex organization known as "The University and Colleges of Cambridge."

II. The Oxford Law School is organized upon similar lines, the teaching and the administration being divided between the University and the Colleges.

III. The University of London has a "Fac ulty of Laws" composed of fourteen "Teachers" of the University, among them five Professors.

The Board of Legal Studies of the University is composed of the teachers of the University and certain other persons distinguished in law.

The Faculty of Laws has organized the teaching of three of the constituent institu

tions of the University, namely, University College, King's College, and the London School of Economics, upon a so-called "intercollegiate" basis. Each one of these three institutions has its own law staff or faculty, but these three faculties, while remaining separate and distinct, have now been grouped together for purposes of instruction, the work being divided among the Professors and Teachers of the three constituent institutions just named.

IV. The "Faculty of Law" in the University of Manchester is composed of three Professors and eight Lecturers; the so-called administrative "Board of the Faculty of Law" is composed of the Vice Chancellor of the University, the Dean of the Faculty of Law (Professor Copinger), a Secretary, and seven other members, in addition to the External Examiners in Law, who are ex officio members of the Board.

V. In the University of Liverpool the "Faculty of Law" is composed of seven Professors and nine Lecturers. In addition to the teaching Faculty there is also an administrative Board of Legal Studies.

VI. The University of Leeds has a so-called "Department of Law," which is supported by the Yorkshire Board of Legal Studies. On the teaching staff of this Department of Law are one Professor (Professor Phillips) and two Lecturers, who do not constitute a separate Faculty of Law, but are numbered among the members of the Faculty of Arts.

VII. A "Faculty of Law" was established only last year in the University of Sheffield. VIII. Apparently no law lectures or classes are at present held in the University of Durham. The University has, however, two so-called "Examiners in the Faculty of Law," and an examination for the degree of B. C. L. is now held every two years; the University also conferring the degree of D. C. L

IX. Although the recently established University of Bristol has as yet no Faculty of Law and does not as yet grant degrees in law, it is expected that arrangements will soon be perfected whereby the teaching provided by the Bristol Board of Legal Studies will be recognized by the University as a part of the curriculum for the degree of Arts.

X. The University of Birmingham, as such, has at present no Faculty of Law, although the Birmingham Board of Legal Studies is an active teaching organization.

These then, gentlemen, are the Law Schools of the English Universities.

We must now glance at the second group of English Law Schools, our inquiry here concerning itself with the question as to what provision is at present made for systematic instruction in law by the great Professional Societies-the societies of barristers and solicitors.

I. The Societies of Lincoln's Inn, the Middle Temple, the Inner Temple, and Gray's Inn-the four Inns of Court-have joined

L

forces for the purpose of legal education and have issued so-called "Consolidated Regulations."

Under these Regulations "the power and duty of superintending the education and examination of students, and of arranging and settling the details of the several measures which may be deemed necessary to bę adopted for those purposes," have been entrusted to the so-called "Council of Legal Education." This Council of Legal Education consists of twenty Benchers, of whom five are nominated by each Inn of Court.

The permanent "Staff of Teachers," appointed by the Council, consists at present of six Readers, four Assistant Readers, and two Lecturers. The Council also appoints from time to time Lecturers to give short courses on special topics.

Within quite recent years an entirely new office has been created by the Council. The so-called "Director of Legal Studies" (Mr. Blake Odgers, who is also one of the Readers) has duties similar to those of the Dean of a Law Faculty.

II. The Law Society (formerly known as the Incorporated Law Society) of the United Kingdom, the great. Association of solicitors, comparable in certain respects to the Inns of Court of the other branch of the profession, inaugurated in July, 1903, a new educational system which has been very successful in the legal training of articled clerks and which will probably be still further developed. Under this new system the Law Society has a permanent Legal Education Committee and a permanent teaching staff. The Principal and Director of Legal Studies (Mr. Edward Jenks) fulfills duties similar to those of the Director of Legal Studies of the Council of Legal Education.

English Law Schools of the third groupthat is, Law Schools other than those of the Universities and the great Professional Societies are to be found chiefly in the provincial centers and are largely engaged in the education of articled clerks. The Law Society of the United Kingdom has been largely instrumental in the formation and administration of these schools, making very considerable annual grants to provincial Law Societies and Boards of Legal Studies for this purpose, and studying with intelligence and effect the needs and conditions of various local centers; this work of the Law Society being quite an addition to the carrying on of its own school at its own Hall by its own officers and teaching staff, reference to which I have already made.

Such, then, gentlemen, are the University and Professional Law Schools of England. Their organization is characterized by the presence of two separate bodies, namely: (1) The Law Faculty, or other teaching staff engaged in legal instruction; (2) the Board of the Faculty of Law, the Board of Legal

Before proceeding to a consideration of the courses of study at the various law schools, I should like to say just one word in regard to the education preparatory to these legal studies.

Broadly speaking, the preliminary education of law students in England may be said to embrace at least the four subjects of English, Latin, History, and Mathematics; some schools not requiring a knowledge of one or more of these four subjects (Mathematics, for instance, not being required by the Inns of Court), and some schools requiring a knowledge of subjects additional to these four (Greek and Latin, for instance, being required at Oxford and Cambridge). Whether one or the other of these subjects be or be not exacted by any one given school, it generally happens that in one way or another the preparation of most law students includes these four subjects of English, Latin, History, and Mathematics.

We may profitably spend a moment in endeavoring to classify the students who enter upon their legal studies for the first time at one or the other of the University and Professional law schools. In the first group we may place those who have taken a University degree, or who have passed one or more University examinations in nonlegal subjects. Men of this first group-which is not largecorrespond roughly to the graduates of the American Universities and Colleges who enter American law schools for their professional education. Such men either stay on at their own University, entering the law school there, or they go to the law school of some other University, or to the law school of one of the Professional Societies. The great majority of English law students we may place in the second and third groups. In the second group are the men who have just completed their course at one or the other of the great Public Schools, such as Eton or Harrow or Rugby, or whose education is of the same standard as that of these schools; and in the third group are the men whose preliminary education falls below this Public School standard.

III.-COURSES OF STUDY AT THE LAW
SCHOOLS-EXAMINATIONS-DE-

GREES AND CERTIFICATES.

Coming, now to a consideration of the courses of study at the law schools, and the examinations, degrees, and certificates that follow upon such courses, it will be convenient to look at this whole subject, first, from the point of view of the undergraduate courses at the Universities and the quasi undergraduate courses in the Professional Societies, and, secondly, from the point of view of the postgraduate courses.

I should like to look for a moment merely at the Pass Examination in the various schools, and to see what subjects play the most conspicuous role; this survey taking into account the Pass Examination, based in whole or in part on legal knowledge, in the seven Universities of Oxford, Cambridge, London, Manchester, Liverpool, Sheffield, and Leeds, and in the Inns of Court and the Law Society. In six of these nine schools of law, nonlegal subjects, as well as strictly legal subjects, are set for the examination. These nonlegal subjects appear most prominently in the Pass Examination for the B. A. at Oxford and Cambridge; and this is but natural, for at these Universities Law is viewed as only a portion of the Pass course, as distinct from the Honor course, leading to this degree in Arts. At the other, the newer, Universities, the degree for which the Pass Examination is set is not B. A., but LL. B., and at these five Universities nonlegal subjects occupy an entirely secondary position in the examination. In the Pass Examination of the Professional Societies nonlegal subjects may be said not to be present at all; that is, if we leave out of account the subjects of Accounting and Bookkeeping in the examination of the Law Society.

Looking, now, only at the strictly legal subjects, and including both required and optional subjects, we find that Contracts is set in in the Pass Examination of all nine schools. Next in order come the subjects of Real Property and Torts, which form part of the examination of eight schools. In seven schools the examination includes Equity (one or more of its branches), English Constitutional Law, Jurisprudence, and Roman Law. Then come Personal Property and Criminal Law and Procedure as forming subjects of examination in six schools. Conveyancing is a subject of examination in five schools. Four schools examine in Evidence and Civil Procedure. Candidates in three schools are examined upon Bankruptcy and the History of English Constitutional Law. Two schools examine in the following subjects: Elements of English Law, History of English Law, Public International Law, Private International Law, and Hindu Law. The following subjects are exam

ined upon in only one school respectively, namely, Colonial Constitutional Law, Mohammedan Law, Roman Dutch Law, Probate, Divorce and Admiralty Law, Ecclesiastical Law and Practice, and Military Law.

Looking at both the Pass and the Honors courses in the various schools, both at Universities and in the Professional Societies, it is important to observe that these courses are all essentially undergraduate courses, leading either to the first University degree or entrance into one or the other of the two branches of the legal profession. If, now, we consider all of these courses, both Pass and Honors, and both undergraduate at Universities and quasi undergraduate in the Professional Societies, and if we leave out of account for the moment variations and exceptions in one or the other of the schools, we find that the law course in these English Law Schools consists fundamentally of the following four subjects:

(1) Roman Law.

(2) Jurisprudence.

(3) Public International Law.

(4) English Law (including, especially, Constitutional Law, Criminal Law, Proce dure and Evidence, Real and Personal Property, Contracts, Torts, and Equity).

Certain schools are exceptional. In the Law Society, for instance, nearly all of the courses and nearly all of the examinations are upon English Law. But, looking at the matter very generally, we may with fairness, I think, say that these four subjects form the essential part of the course of study at an English Law School.

In general, this course of study is divided into two parts, or sections. In the first part, or section, are usually the subjects of Jurisprudence, Roman Law, Public International Law, and one branch of English Law, namely, English Constitutional Law. In the second part, attention is usually devoted to the remaining branches of the English Law, and this second part is essentially the English Law part.

It will be observed, therefore, that two of the four subjects usually found in the first part of the whole course, namely, Roman Law and Jurisprudence, have primarily an educational value, and are to be viewed as really preparatory to the study of the modern law; and the same remark applies, also, to the subject of Constitutional History, when that is included, either expressly or impliedly, under English Constitutional Law. Constitutional Law and Public International Law, and all the branches of English Law included in the second part of the course, may all be looked upon as courses in the law of the present day.

It is to be noted, therefore, that a very considerable portion of the three-year undergraduate course of the English Law Schools is devoted to subjects which in certain American Law Schools would be viewed as pre

legal courses, and that therefore the time to be spent upon the English Law of the present day is very materially reduced. I hope to say a few further words with reference to this matter later on in my paper.

Options (that is, electives) play a very inconspicuous role in the Pass Examination, nearly all of the subjects being obligatory. In the Honors course there are, however, a fair number of options, and this number seems to be increasing.

So far I have been speaking of the courses leading to the undergraduate degrees of the various Universities and the qualifying examinations of the Inns of Court and the Law Society, and, as we have seen, the various schools provide lectures and classes for their own examinations. Now, in addition to such lectures and classes, nearly all, if not quite all, of the law schools provide courses of lectures and classes in preparation for one or more examinations in one or more of the other schools; this system being perhaps the most fully developed in the newer Universities.

Growing up as a part of this system of reciprocal assistance to students preparing for the examinations of other schools, there has also been developed an elaborate scheme of exemptions from examinations in cases where candidates can produce evidence of having already passed elsewhere examinations or tests of equal scope and severity. This system of exemptions has been much more fully developed in the Universities than in the Professional Societies; the latter being very sparing in their exemptions.

Nearly all, if not quite all, of the leading Law Schools of the Universities offer opportunities for advanced and postgraduate studies; these opportunities taking the form of lectures and classes on special and advanced subjects, and even of research work in seminars or otherwise under the direction of a member of the teaching staff who is an expert in the subject. The law schools of the Professional Societies do not provide special opportunities for studies after the passing of the Final Honors Examination. At the Universities postgraduate courses of study and original work lead to postgraduate degrees, namely, B. C. L., LL. M., LL. D., and D. C. L.

IV. METHODS OF INSTRUCTION AND STUDY AT THE LAW SCHOOLS.

Speaking quite generally, we may with fairness say that the English method of oral instruction in law, not only at the Universities, but also in the Professional Societies and the provincial schools of law, is a combination of (1) formal lectures on the various subjects of study and examination, and (2) informal instruction to students individually or in small classes on the subject-matter of the

lectures, the lectures usually preceding the individual or class work.

The Professors, Readers, and other Lecturers endeavor in their formal lectures to set forth the general principles of the law. In cases which we must view as exceptional the Lecturer endeavors in the course of the hour to get the students to ask and answer questions, and, indeed, to enter into a general class discussion. I once had the pleasure of listening to a lecture by Professor Maitland on Trusts, and I remember of talking with him on one or two occasions with reference to his usual method of lecturing. He told me he lectured with no attempt at dictation, and that in later years he had endeavored to break up the stiffness of the formal lecture by an occasional question put to some student, with the idea of bringing on a class discussion of the point in question; and sometimes, he said, he even left the rostrum and went down among the students in order to overcome, if possible, the formality of the lectureroom and the shyness of the students. Other Lecturers endeavor to do much the same thing; but such Lecturers are, I believe, more the exception than the rule, and the public lecture is usually an expositionand an exposition only-on the part of the Lecturer.

The delivery of public formal lectures is elther accompanied or followed by (1) the reading, on the part of the student, of at least some of the original sources and at least portions of the literature bearing upon the subject in hand, and (2) informal instruction of students individually or in small classesthe students freely asking questions and entering into a full discussion of the principles or points with the instructor; the instructor being either the formal lecturer himself or some other teacher.

The Law School of the Law Society is, so far as I know, the only school of law in England with a fully developed system of instruction by correspondence. This system has grown up for the special benefit of articled clerks who live at a distance from London and cannot, therefore, attend the oral lectures and classes of the Law Society.

From the very beginning of their study of English Law the students at the best Law Schools are encouraged to familiarize themselves with some, at least, of the leading cases. But this study of cases is made to fit in with the general method of instruction and study which I have already discussed; that is, the method of combining the formal lecture with subsequent informal tuition in the subject-matter of the formal lecture. The Lecturer discusses decided cases in his formal lectures; but in his whole treatment of the case the Lecturer is in most instances merely using it as illustrative of the principle of law, which he has already set forth and expounded by dictation or by free exposition.

After the student has heard the case discussed by his Lecturer, and after he has read it for himself in case-book or in report, he is then expected by his informal instructor to know the main facts in the case and the principle of law that it stands for. If the informal instructor is aware of his opportunity, he is not content to draw a merely perfunctory statement of the case from the student; but he goes on to test the student's real understanding of the principle involved and of its relation to other principles of law. By this means the informal instructor not only impresses the case itself upon the student's mind, but he also helps in the real development of the student's powers of legal reasoning.

This kind of case method is in use, I believe, in most of the English Law Schools; some of the schools laying more stress on case study than others do. The study of cases occupies, however, quite a secondary place in the English system as a whole; primary stress being laid upon the hearing of formal lectures and the reading and informal discussion of lecture notes and the leading text-books upon the subject, cases coming in incidentally by way of illustration. In other words, the inductive case method, as you know it and employ it here in America, is quite different from the deductive case method used in England. As you will see, therefore, the case method as employed in English Law Schools is not unlike the method of legal educators in America who have not adopted the method of Harvard and of many other schools in this country.

V. THE PRESENT AND THE FUTURE.

There exist in England, accordingly, two great groups of Law Schools-those of the Universities and those of the Professional Societies, the Provincial Law Schools belonging in reality under this second category. The aims, the courses of study, the personnel of the teaching staff, and the methods of instruction in these two kinds of schools are in certain respects the same and in certain respects different. The aims are the same in this: That both are endeavoring to prepare students for the legal profession, or possibly also for the Civil Service or some other branch of activity. The aims are different in this: That the University Law Schools aim perhaps more at the theoretical and scholarly preparation of the student, while the Professional Law Schools aim perhaps more at his practical and immediately useful preparation. The courses are the same at many points, especially, perhaps, in such fundamental subjects as Constitutional and Criminal Law, Real and Personal Property, Contracts, Torts and Equity; and the courses are alike in this: That they are either undergraduate or quasi under

graduate courses, neither the University nor the Professional Law Schools exacting of the student any academic degree before his admission to the studies and the examination of the school. The courses are partially different in their subject-matter, owing to their difference in aim-the courses of the Universities including, rather specially, the oretical and historical subjects; the courses at the schools of the Professional Societies, on the other hand, being concerned rather specially with such practical subjects as Procedure, Conveyancing, Bankruptcy, Accounts, and even Bookkeeping. The methods are the same, for all schools teach by the combination of formal lecture and informal tuition; but in the importance placed upon the study of legal instruments and documents, such as contracts, wills, and deeds, at the Professional Law Schools, there is here observable a certain difference in method of tuition, as between the two kinds of schools. The teachers in both kinds of schools come to their work with essentially the same educational preparation, for both the teachers at the Universities and those in the Professional Societies are men of University training; but there is this difference between them: That teachers at the Professional Society schools are nearly always engaged also in active practice and merely devote a part of their time to teaching, while the teachers of the Universities are for the most part men who, though they are members of the profession, are not actually engaged in active practice and devote, indeed, all or nearly all of their time to the study and teaching of law.

My purpose being merely to set forth the system as it is, it does not fall within my duty to attempt any solution of the problems that perplex and will perplex legal educators in England, and a discussion of such problems would necessarily involve a much longer time than now remains to me. But I may perhaps be permitted to draw your attention in one or two words to certain features of the present system that may possibly call for revision in the future. Certain critics might say that there are four important defects in the present system.

Let us look at these four points of the critic. As regards his first point, it must, of course, be admitted that the preliminary nonlegal education of many students is, looked at from the highest standards, incomplete and inadequate. This defect in the preliminary education of such students could be remedied by their taking one or two, or even three, years of University work in nonlegal subjects, such as history, classics, natural science, and mathematics, before beginning the study of law in the Law School of their own University or at some other University or Professional School. I have already drawn your attention to the fact that there are at the present time a