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certain number of such men, and more and more students should be encouraged by one means or another to do likewise. A further development of the system of prizes and schola rships might help toward this end. An effective means of broadening the preliminary education would be, of course, the insistence by the Inns of Court and the Law Society upon a higher standard in their own preliminary examinations.
The critic's second point, that the time now spent in the study of English Law is far too short, and that there is consequently too little detailed study of the various different branches of the law, is a point that demands serious reflection. At certain schools two years are spent upon English Law, but at other and perhaps at most schools the course in English Law is essentially a one year or a one-and-one-half-year course. The time to be spent on English Law could be increased by reducing somewhat the time spent on such subjects as Roman Law, Jurisprudence, and Public International Law; but there can be no doubt that English legal educators are right in insisting upon the high importance of such subjects, for they not only have an educational value, but also a practical significance as regårds varions branches of the English Law Itsell. The general standard of the Englisk legal educational system would undoubtedly be reduced by any step calculated to decrease the importance of these great subjects. The critic's objection might be answered by an extension of the entire law course from the usual three to four or even five years. In principle such a step would undoubtedly be admirable; but, as the legal course of study is so embedded in the whole educational system of England, any such proposal would demand the most serious study, both from theoretical and practical standpoints. Taking the system of legal education as it actually exists to-day, there can be no doubt that the number of students who spend four or even five years in legal study might be materially increased by an extension of the curriculum to include more courses in English Law of a special and advanced character, and also, perhaps, by a further judicious use of prizes, scholarships, and other distinctions and emoluments as an aid and stimulus to a higher quality of work in English Law.
The critic's third contention, that the present method of instruction aims more at the acquisition of knowledge for examination purposes than at the highest training of the student in mastery of principles and in capacity for legal reasoning, is supported in part anyway by conditions as they exist. But instructors differ both in capacity and in opportunity, and, while the critic's contention may well apply in certain cases, it certainly does not apply in others. Instructors of the highest type certainly do not aim
merely at preparing their pupils for an examination, but they have also constantly in mind the student's preparation for the best possible career as a barrister or as a solicitor. Undoubtedly the present method of instruction does lead in many cases to cram work, with the assistance of private coaches, and, in general, the extensive use of textbooks and the large amount of time spent in private tuition, either by official or unofficial teachers, does prevent students from relying upon themselves as much as they should. There are those who believe that the advantages of the English method of instruction by means of public formal lectures and of private informal discussions would be in all essential particulars retained in the employment of the inductive case method of study and instruction; the hour spent with the instructor under this latter system combining as a matter of fact both the lecture and the class discussion. But the study of decided cases in preparation for lecture and class discussion demands, of course, a considerable amount of time, and any extensive use of the inductive case method in English Law Schools would necessarily involve a higher standard of preliminary or nonlegal education on the part of students generally and an extension of the time to be spent in the study of English Law. Even under present conditions, however, the inductive case method might well be employed in the case of those students who have superior preliminary training and superior intellectual capacity; and experience in conversation classes on cases, under the present system, leads one to the conclusion that the better men would welcome such a departure and would greatly profit by it. The extensive use of this inductive case method would, I believe, do much toward the rooting out of mere cramming for examinations; for this method necessarily involves careful preparation and the develop ment of the student's own reasoning capacities.
The critic asserts, in the fourth place, that too many students carry on their studies and their practical work in chambers or in offices throughout one and the same period of time; this system resulting in serious detriment to the theoretical education of the student, his time for study being interrupted at every step by the necessities of his practical work. I assume that our critic is of the opinion that the student's education in the history and principles of law should precede in time his education in the practice of law; his idea being that the student, with the greater time for study and the consequent advantage to his theoretical training as a whole, will be better enabled to grasp and to solve the problems that await him in his practical work. There is undoubtedly a good deal to be said in favor of the carrying on of studies and practical
work during the whole period of a student's improved from reign to reign as best befits education in law; the theoretical and the the social requirements of the home of Eng. practical aiding and supplementing one the lish Law and the homes of other legal sysother. But it would seem desirable, on the tems administered by British Courts in all whole, that at least a very considerable por- parts of the Empire. tion of his course of study should not be interrupted, as it is at present, in a good many cases. Law students at certain of the In the discussion which followed Prof. Universities, more especially Oxford and
Hazeltine's paper, SIR FREDERICK Cambridge, perhaps, do of course spend a
POLLOCK said in part: considerable part of their time in uninterrupted study before they become immersed
I have not discovered the slightest inacin practical work, and certainly, from the
curacy in the excellent exposition of the state point of view of the highest possible training
of legal education in England which you have of students generally, the number of such
just heard. We have not heard the complete men should be greater in the future than at
text of Prof. Hazeltine's paper, but I think it the present time.
gives somewhat too optimistic impression I feel sure that the distinguished legal
of what we have so far succeeded in doing educators who are to take part in the dis
in England. I doubt whether you can fully cussion of my paper will materially assist
realize, from hearing the paper, that there the critic and all of us to a way out of the
is not in any law school in England what difficulties. I wish merely to say, in con
you would call a course of study; not a preclusion, that the organization of the new
scribed course of study in any of our schools, Society of Public Teachers of Law in Eng
Take the case of the Universities of Oxford land and Wales, with Professor Goudy, of
and Cambridge. The University does not reOxford, as President, is an earnest of the
quire a candidate for a law degree, or for future; for the labors of this new Society
any degree, to have actually attended any will be somewhat the same as those of the
particular course of lectures or to have takAssociation of American Law Schools, and
en the lectures in any particular order. It I feel sure that teachers of law on the
prescribes certain tests which he has to fulother side of the Atlantic will undertake the
fill before presenting himself for examination solution of problems with the same earnest
at stated periods. How he is to prepare himness and high purpose that you have mani.
self for these examinations is a matter left fested here.
to him and his particular advisers. He has, The present is, indeed, a time of hope.
of course, to be a resident, but precisely what There are now about 2,000 law students and
he does with his time while he is a resident about 100 public teachers of law in the vari
is a matter which the University does not ous English Law Schools, and these num
prescribe, and, as a University, has no means bers are constantly augmenting. More in
of testing. What happens is that the underterest is being shown both by teachers and
graduate consults a college tutor, who in turn by students, the curriculum is gradually ex
consults a special expert of the University, panding, the system of electives is being fur- and he advises what lectures the student ther developed, and more and more work in should follow. advance and special subjects is being under- There is another serious question in our taken.
Universities, which is not an actively deThese are happy auguries for the future.
veloped question, but is a serious question in From age to age, schools of law in England the minds of some hundreds of us; that is, have adapted their courses of study and whether it was a good thing when, some thirtheir methods of instruction to meet the ty-five years ago, our Universities undertook needs and the desires of English society. to teach law to our undergraduates at all. From the day of the early Edwards down Personally I have the greatest doubt that very to the present time there has been gradual few men at the undergraduate age are capaprogress in harmony with the structure and
ble of acquiring a legal habit of mind and an the spirit of institutions peculiarly English understanding that law is not a proposition in their origin and in their development. to be learned out of text-books and in examiStudents still attend the courts and take nations, but is concerned with men's living notes somewhat as they did in the time of business and with the decisions of live judges the early Year Books; but the mediæval in very active courts. At all events, those and modern centuries that stretch between who teach law at Oxford have always found Edward the Second and Edward the Seventh serious difficulty and even trouble with the bave gradually and almost unconsciously de- undergraduate student to make him underveloped those University and Professional stand text-books are not authority. I must Law Schools with which we have been con- have said this ten hundred times in the cerned to-night. We may have every ex- course of the twenty years I was professor pectation that the future has still further at Oxford, and I very much doubt whether developments in store, and that the system my words were beliered in more than one of legal education at these schools will be per cent, of the cases stated. Now they are
beginning to teach law in an academic manner to undergraduates, but the results are doubtful. We have at Oxford one institution which is excellent, so far as it goes, in regard to the time it takes a man to get an arts degree. After he has an arts degree, or whatever degree, if he Hikes to study law with a view of taking a special law degree, the spe cial law degree might be obtained in a year. Our professors are beginning to pay attention to the civil law degree, and accordingly the special examination for the degree of civil law is based on the academic examination, and from my experience I can say that sometimes candidates show, not merely what you may call text-book or class knowledge of the subject, but a real grasp of legal problems and principles. That is, I think, the most valuable academic institution that we have at present in England for the University study of law and encouragement of legal research. It is possible, of course, for a man to come to Oxford or Cambridge and pursue a special course of legal research, and ultimately to get a law degree upon it; but such examples are far from numerous.
In England we have lectures and examinations; but we have no definite and prescribed course of study. We do not compel a man to go to lectures. I say “we," be cause, as I have been for about two and a half years a member of the Council of Legal Education which has been explained to you by my learned friend, I have my little share of the responsibilities for what we do in the Inns of Court. We do not require of a man that he shall have actually attended the lectures, or, indeed, have done anything but eat, or appear to eat, a certain number of dinners in the Hall of his respective Inn. The examination is but an indirect encouragement to a man to attend lectures. It is attempted to so arrange the examinations that they shall be much more difficult upon those who have not attended the lectures. I think, myself, that is a bad arrangement, and that to do indirectly what we can and ought to do directly is not worthy of the Inns of Court. I merely state that, however, as my opinion.
With regard to the primary education of the student, we have a standard, although it is not a very high standard, and considerable difficulty is found in enforcing even that standard in practice, where students at the Inns of Court are supposed to know Latin, and our University students are even supposed to know much more. Certain men who come up, not for the pass examination, but for the honors degree, and without be ing examined in law, show just a sufficient range of Latin to stumble through an examination in Julian's Institutes; and I have seen an Oxford man presenting himself for a law degree who could not construct a sentence from Justinian when the book was put in his hand. Shortly after I became a member of the Council of Legal Education, I
heard of a man preparing for examination in one of the Inns of Court, who borrowed a pocket edition of the Institutes of Justinian and began to read it at South Kensing. ton, and by the time he had arrived by the underground route at the Temple, a space of four miles, or thereabouts, it would seem he knew enough about it to pass the examination. I would not want to believe that is a good thing. Our standards are rather low, and we are rather slack in enforcing even those standards, and the reason for that is simply that a great many of our law. yers do not believe that law can be taught at all, or that the serious teaching of law is a thing seriously worth the attention of our professional governing bodies.
The late Lord Shelburne found considerable difficulty in his attempts to found a really adequate law school in London, and you must not suppose we are altogether satisfied with what we have done. I agree with my learned friend that we have the advantage of an ancient and complicated machinery which is set to grind out work not particularly adapted to it.
Our Law Society, I think, had its origin about 1820, and is a much better organized and efficient organization than we barristers bave; but all these things are the parts of institutions that are incumbered by an ancient history.
I am not sure that you will have gathered from the paper what a sharp distinction is made in our profession between the academic and the professional teaching of law. Our professors do not pretend to teach law in a professional manner. They have not the means for it. What they do profess is to add to the ordinary academic education such instruction in the theoretical doctrines of law as to make a man more capable of profiting by professional instruction when he comes to that. That, I think, is the theory, so far as we have any theory.
I do not think tbere is anything I can usefully add to the lucid and accurate exposition which you have heard from my friend, Mr. Hazeltine.
Continuing the discussion of Prof. Hazeltine's
paper, JAMES BARR AMES, Dean of the Harvard Law School, said:
As I listened to the enlightening account of education in law in England, I found my self thinking what a striking illustration of English conservatism it was. As you know, for centuries on the Continent of Europe the University Law School has been the regular -indeed, the only-avenue to practice. We began in this country nearly a hundred years ago to take the same path, and we have been advancing very rapidly in the last half century, or twenty-five years. I
should say practically there is very little Of the reasons that have hitherto been University education in law. Certainly the bulk of the men who fit themsleves for the
offered for making compulsory a college profession do not take University courses in education prior to entering a law school, law, and as I am told those who do attend
the chief are reducible to three: them are not the best men of the University. One wonders why that should be so. “(1) A college education is highly imIt seems to me though I may be wrong, for
portant for all intelligent citizenship; it is always dangerous for a person to try to explain institutions of another country- therefore, college attendance should be but it seems to me that the reason why the fostered indirectly, and not merely diEnglish are satisfied not to change their present institutions in the matter of legal
rectly; therefore, a college education education is that some way or other they should be required for entrance to a law do turn out the best bench and hold a higher place in legal literature than we do.
school. With this argument we are not
of course, I think they succeed in spite of the here concerned. We leave it, with the want of legal education at the Universities. Lawyers in England are concentrated in
remark that we agree with the premise, London, the bulk of them, and the competi- but do not see the logic of the conclusion. tion there is keener than anything we know
“(2) A college education is highly imof in this country. The judges, of course, are the best men in the profession, because portant for the knowledge and intellectuthe prizes are so great. You don't find the
al strength required by the legal profesbest lawyers in England declining an offer of the bench, except under exceptional cir
sion in its professional administration of cumstances.
justice and in its legislative leadership; The argument of all this, of course, is not that the English system of legal educa
therefore, a college education should be tion is justified, but rather that, if they had required for entrance to a law school. a better state of education, they would have
With this argument, also, we are not even better fitted men, and turn out better law books, than they do now. I wish it here concerned. We leave it, with the were possible that a hundred or two hun
comment that we believe in the premise, dred of the best young graduates of our best schools could be transported to England and
but we also believe that the only logical given an opportunity to compete on equal conclusion is to apply the requirement to terms with the Englishmen of a corresponding age. I have very little doubt that our
admission to the bar, not merely to a graduates would carry off the prizes, and law school. that there would be a very sudden awaken
“(3) A college education is essential ing as to the need of reform in legal education in England. And not only that, but I to that scholarship which is needed for think that it would mean the turning out of
the scientific study and mastery of the a better class of law books. It is my belief that in the next twenty-five or forty years law; therefore, a college education the best treatises on English law will be should be required before entering on written by Americans. When that comes, I think it will set the English lawyers to
study in a law school." thinking.
The first order of business at the sec- Dean WIGMORE, in presenting the ond session of the Association, held on subject to the Association, limited his reThursday, August 26th, was the read- marks to the third matter; his conclu- . ing of a paper prepared by JOHN H. sions being: WIGMORE and FREDERIC B. “(1) For developing the very highest CROSSLEY of the Northwestern Uni- powers, a college education is essential. versity Law School on the subject of Whether two years of it is as efficient, “COLLEGE AND HIGH SCHOOL relatively or absolutely, as four years of EDUCATION AS A PREPARATION it, does not fully appear. FOR LEGAL SCHOLARSHIP.” The "(2) For developing the very lowest paper consisted largely of statistical com- powers, a college education is essential. parison.
"(3) For developing ordinary and
high powers, a college education has, in this kind. Clearly such schools will aim at
the largest practicable attendance, and hence some aspects, the chances in its favor;
will demand from their students a minimum but, on the whole, and for the vast ma- of preliminary education. The main object
is to fit the largest possible number of canjority of men, it appears not to be es
didates to pass the state examination, and sentially different in its results in legal accordingly any amount of intelligence, no scholarship
matter how small, compatible with that end in view, will suffice. Moreover, such schools need not look beyond the examination alone.
Their success will, on the whole, be deter"(4) These inferences are based on the
mined by the considerable number of sucobservation of a single school and a lim- cessful candidates whom they prepare. The ited number of students, hence are pro
later record of these candidates, and es
pecially the relation of their professional visional only, in any aspect; and,
worth to the welfare of the community be
yond the narrow limits of their practice, “(5) In view of their significance if
may well be negligible quantities. found to be universally true, they should But when established and reputable uni
versities whether on private or public founbe tested on as large a scale as possible
dations, set before themselves the task of before any policy is adopted for which training students for the legal profession, their correctness or incorrectness has any
quite different and much broader considera
tions should be taken into account. It is important bearing."
not here alone the question of providing a legal education adequate to meet the state
test of fitness to enter on the profession, for Prof. HARRY PRATT JUDSON, two further questions of moment are also President of the University of Chicago,
to be considered: What is the likelihood
that the candidate may look forward to an who followed Dean Wigmore, said in honorable career in the higher walks of his part:
learned and worthy profession? What is the
likelihood that he will be of value to society The state has seen fit to prescribe certain as a man and a citizen, beyond mere success conditions precedent to the practice of some as a legal practitioner? To meet these ends, professions—especially the professions of the whole education of the student must be medicine and law. In each case it may be taken into account. Mere technical legal supposed that these requirements are laid instruction is not enough. That may sufdown primarily for the protection of society, fice for the school which fits for the bar as the individual otherwise would find it examination only. It should not suffice for difficult to insure in the practitioner whom the university. The question then is merely he might call in the knowledge and skill what sort of schooling and how much is requisite for the proper care of his person to be expected as a condition precedent to or his property. It hardly need be said that specific legal study. the legal conditions in question are a mini- Thus far there are, on the whole, two mum. The ablest physicians and attorneys views usually held by university law teachfar transcend these. Not a few who can
One is that a high school course will fulfill them are really ignorant and incom- answer sufficiently. The other is that a colpetent. The most that can be said, perhaps, lege course, either as a whole or in the main, is that on the whole many who would be should also be required. Evidently the first glaringly unfit are prevented from practice, of these alternatives makes it possible for to the material benefit of society. In other a much greater number of students to take words, the benefit is primarily negative, and a university law course. The second limits only to a moderate extent positive. By vir- the candidates to those who have the time tue of possessing a state certificate of quali- and the means for at least a considerable fication to practice, one may be presumed to college training. Are the results of the secbe to a certain extent likely to know his pro- ond plan so much better as to warrant the fession. But the more important considera- limitation ? tion is that one who has no such certificate It is held by some that the sole test lies in may practically invariably be presumed to the manner in which the different classes be unqualified.
of students handle the legal courses, and With such state standard necessary to at- that if, on the whole, the high school gradutain in order to secure the privilege of legal ates show equal or substantially equal abilpractice, it is obvious that in many ways ity with the college trained men, the matter provision will be made for providing young is settled. By the courtesy of Dean Wigmore men with the requisite knowledge. Private I have been shown in advance the very inenterprise, wholly or largely commercial in teresting study of this subject in the law character, has established many schools of classes of Northwestern University. It