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views by the following language of Pro- I believe this is a fair expression of fessor Carusi : "The student should be the Harvard Law Faculty view during taught to reason for himself; to solve Langdell's time and since. problems and cases presented to him by It is true that Langdell handled his his clients. He should then be trained own classes in his own way, and, as an in the technique of the law.” When Pro- aid in his work, prepared cases for his fessor Carusi wrote those words, he un- own use. No one was obliged to follow consciously showed how much he person- his plans, and no one would ever have ally has been influenced and strengthened heard of his collection of cases outside by Langdell's brain and labors.
of his own classroom, had it not been for Where does Professor Carusi find any his great success in their use. Where authority for his statements as to Lang- can one find a collection of cases emanatdell's theories?
ing from Harvard in which "a few of I don't believe Langdell ever talked the opinions of Appellate Courts, which about an "inductive method” in his life, in the opinion of Mr. Ames, or usually nor do I believe he ever said anything some considerably lesser person, are good about scientific theories, or about taking opinions, are bound up in one cover”? somebody else's thought, instead of the Has the Professor ever seen a Harvard original, or anything of the kind. There collection of cases, has he ever been in a has been a vast amount written concern- Harvard law class lecture room, or has ing systems and methods during the last he ever asked an intelligent Harvard law few years,
but none of these articles are school graduate how the work in that from Langdell's pen or inspired by him. school is conducted ? From his article The Harvard Law School Catalogue I should suppose not. If there is any never has had a line about "method" or school in the country using any such "system” as far as I have ever seen. "case books” or “case book system” as he Professor Thayer of Harvard said: "As describes, it would be interesting to know for methods of teaching, that is another of it. I take Professor Carusi's word matter. They must, indeed, have rela- for it that "the case lawyer" is "the legition to any particular methods of study timate offspring" of such a system. Does that are prescribed or recommended; but the Professor know from his own exthey are not necessarily determined by perience? them. In law, as in other matters, every But why connect the name of Langdell teacher has his own methods, determined with any such foolish "system,” or by his personal gifts, or his lack of gifts "method," or whatever it may be called? -methods as incommunicable as his tem- Langdell never used any such system, or perament, his looks, or his manners." even remotely hinted at any such ideas. And Professor Gray of the same Uni- And where does the Professor get the versity said: "In all Law Schools, I notion that the Langdell collections were suppose, the students learn from text
unedited ? It is true that judicious omisbooks, cases, and oral instruction. At sions of immaterial matter were not indiany rate, they do so here. Each teacher cated by stars, but the careful editing is free to use these means as he pleases. was there all the same. Where, further, The different professors do actually use does he gain the idea that Langdell's colthem in different ways and proportions, lections of cases were impracticable? and so does each professor, as he is In the writer's opinion, Langdell's coldealing with different topics."
lection of Cases on Contracts would be
of immense value to-day for practical
Professor Carusi seems to approve of use in the classroom, and he is not even sets of condensed cases. He probably convinced that such a fine collection as never heard of me before, but I believe I that of Williston (is he one of Professor was the first who ever tried that experiCarusi's lesser persons ?) is an improve- ment, which I, in my ignorance, supposment.
ed was an adaptation from Langdell's And why does Professor Carusi talk ideas. Upon beginning to teach Conabout Langdell in connection with an tracts, I published a small book of con“inductive method of studying law densed cases, which later was followed through the medium of first-hand ex- by a second edition, much enlarged, and amination of a million or so cases during this I used with fair success through a three long years of law school work.” long series of years. Surely fiction and fairy tale never went The law school in which I teach is not further than that. Why not say that a "text-book school," whatever that may Langdell taught his classes to cook, or be; but I once said in a public paper: weave carpets, and be done with it? “Sone of our Faculty have found that
And what has Ames done to incur the for those who believe in the study of Professor's contemptuous wrath? selected cases very satisfactory results
This brilliant scholar is one of the most may be obtained by a careful and jugenerous, liberal, and kindly gentlemen dicious consideration of the facts of to be found in this or any other country. some cases, thus saving time and unIt is true he is one of Langdell's prod- necessary labor. We find that in this ucts. It is further true that his "case
way a full classroom discussion can be books” do not satisfy Professor Carusi, obtained, and often this is facilitated by supposing that he ever saw them; but omitting the key which some opinions then we must remember that the poor furnish." man is doing the best he can, and then, After a thorough trial we have conagain, he is, perhaps, somewhat excus- cluded that, on the whole, better results able in supposing that his books have a can be obtained by using collections of grain of merit, since he knows that some selected cases. My personal experience of us “imitators” greatly admire these with condensed cases in Contracts leads selfsame "Ames books." But Ames is me to believe that for a subject of that not seeking to force his books upon Pro- character, lending itself so readily to fessor Carusi. I have heard of no steps mental training, condensed cases have which he is taking to have them surrep- many advantages, and I do not regret titiously introduced into the National having used them for so long; but neverUniversity Law School. And, speaking theless, when the second edition of my of imitators, I want to warn Professor cases was exhausted, I concluded not to Carusi right here that the New York publish a third, and since that time I University Law Faculty are out as first- have used the regular collections, believclass imitators. We propose to imitate ing that in the long run better results any good thing in the way of teaching mav be obtained. law which we can find. We are hunting In stating this I must confess that I round for good things to imitate, and use the sets of cases which Professor any such which we find Professor Carusi Carusi assures us are such failures, and introducing into his school we propose am even so dull as greatly to admire the to imitate at once.
collections of Ames and Williston; nay,
even worse, I have actually thought the expressed his own views in an address notes of these gentlemen immensely val- as follows: "Who that ever observed uable and suggestive.
the charming personality of Professor But why should there be all this pother Dwight in his lecture room or what stuabout "systems" and "methods"? Pro- dent, having sat under Professor Langfessor Carusi is at the head of a law dell and studied the working of that school at the National Capital. This is remarkable and original mind, will not a fine location for a great school, and a agree that the true law teacher instructs good chance for a great teacher to build his class in his own way and accomup such a school. Why worry over the plishes results by his own personality.” failure of Langdell and the Harvard Law If Professor Carusi will only fail as School? Why not let Ames, Williston, Langdell has done; if he will make of the and their colleagues jog along in their National Law School such a failure as is narrow path, teaching their small hand- the Harvard Law School; if his teachful of students in their own miserable ing shall produce such failures as Ames way, using their broken-down system and Williston of Cambridge, Kenneson and employing their unsuccessful cases ? and Arthur Rounds of New York, Hall Why stir up the poor, dying school? As and Mack of Chicago, all Langdell prodfor the rest of us, miserable imitators, ucts, not to mention countless others we are not worth the Professor's worry. scattered over the country; if he will
It may truly be said that no argument devote his bright brain, fine command of is here raised in favor of any "method" English, and facile pen in the production of teaching law. There is no desire to of such writing as Langdell has given do anything of the kind. Nor do I con
us, then the profession may well rise sider it essential or useful to attempt any up and call him blessed. And if, after refutation of Professor Carusi's general Professor Carusi's death, which I hope argument and criticisms. What odds
may be in the very far future, any one does it make whether one man prefers to with fine imagination and ready pen, teach in one way while another prefers ascribes ideas, sayings, and views to him some other. The real question is: Does which he has never himself authorized, this man succeed as a teacher? If he
then may some one be found to protest, is a true success, what more do we want?
as I have tried to do with reference to Many years ago the present writer Langdell.
“Manual Training" for Lawyers.
By ROGER W. COOLEY,
OME wag said that the young law- book or cyclopedia; but he would be
yer was apt to find the practice of likely to have only the vaguest ideas as the law only too truly so named, and that to how that case was related to other it was a weary wait before the "prac- cases, or where to find later decisions on ticing" was finished and he really got in- the same point, or how to gather a comto the game. To a considerable extent, plete line of authorities and know that this has been due to the fact that the he had covered the field past the possilawyer came to his professional work bility of surprise. with no "manual training" to balance his This was, I venture to say, the almost theoretical knowledge of the law. Per- universal experience of the young lawhaps no other profession has so taken for yer three years ago. To-day there are granted that its members would some- several thousand young men, who, if sent how, by intuition, or inspiration, or sad by their chiefs to the library to collect experience, learn the practical handling authorities on a specific question of law, of its tools as the law. The young engi- will enter the library feeling that they neer knows how to use his sextant, the are on familiar ground; who look upon young surgeon is not unfamiliar with the thousands of volumes of reports as a his instruments, but the young lawyer, as
mine of information for the exploitation turned out by the law schools until very of which they possess the proper tools; recently, was as completely lost in a mis- and who approach their labors serene cellaneous law library as though he had in the confidence that they know the been turned into an alien territory. He methods to be pursued, and that, if the knew the text-books from which he had cases they want to find are in the restudied; he knew certain leading cases ports, they can find them—that if they on certain established principles of the do not find them, it is because there are law; but, if sent to a public library to
no such cases. collect the authorities on a case (work As it has been my good fortune to that he must expect to do before any and contribute somewhat to this result, I have every actual trial), he would probably be been asked to tell the readers of the bewildered and almost certainly be in- American Law School Review, briefly, effectual. Surrounded by thousands of how it has been accomplished, and to volumes, classed as reports, statutes, give the results of my observations, in text-books, and digests, how could he so far as they may show the need of hope to find the specific cases his chief further instruction along the same lines. wanted, and to feel sure that he had Three years ago, in the fall of 1906 done so with professional thoroughness? to be exact, the proposition was made to Ile miglit find one case in point, in text- half a dozen of the leading law schools of the West to give, to the senior classes not presuppose any particular theory or of those schools, a short course of in- system of classification, and it is therestruction in the use of a law library and fore applicable to any good index or dithe practical methods of finding the law. gest. The schools thus selected as the pioneers What is meant by the descriptive word in the movement accepted the suggestion method in the use of a digest may not be and put at my disposal every facility clearly understood. This method rests for the successful accomplishment of the on the principle that in any statement of work. The success of this first attempt facts on which a right of action or a deto teach practically the use of law books, fense is founded there will occur a numimperfect as it was, was nevertheless so ber of words which are descriptive of great that not only were arrangements at either (1) the subject-matter of the cononce made to give the course in those troversy—that is, the concrete thing or schools the following year, but a general act, without the existence of which the interest was excited, leading to an exten- controversy would not have arisen; or sion of the work to some twenty schools (2) a party to the controversy; or (3) the second year. During the past season the ground of the action; or (+) the my entire time from October 1st to May remedy to be applied. If, now, we select 1st has been devoted to the work, and the from our statement of facts as many destudents in over thirty of the leading law scriptive words as we can and turn to schools have received training in the use the digest, we will find in the digest a of books. In some schools the course cross-reference head corresponding to is required while in others it is elective; one or more of our descriptive words, but, whether required or elective, the at- and under such head we will find a crosstendance has been about the same, the reference indicating the place where the students in nearly every instance having law relating to the particular subjectaccepted the work willingly and even matter, party, ground of action, or remwith enthusiasm.
edy is to be found. The aim is to make the course of in- The next step in using a digest is to struction catholic in its scope. While, show. the student that, if one case is for obvious reasons, considerable time is found by use of a descriptive word, that devoted to the use of digests, citation case may be used as a key to unlock the books, and the like, the use of text-books, whole system of case law on that parencyclopedias, and series of selected cas- ticular subject. As a corollary to this, es is emphasized, especially in their re- it is also shown that, if a first case is lation to the digests. Little or no at- found in a text-book, an encyclopedia, or tempt is made to teach the student any a series of selected cases, that case may theory of classification of the law. Prac- also be used as a key to other cases, and tical methods are relied on entirely. For that a text-book written ten or fifteen example: In teaching the use of the di- years ago, so far as it is an index to case gest for finding a first case—that is to law, may easily and certainly be brought say, for getting a start in the search for down to date and made in effect a textauthority—use is made of the descrip- book of 1909. This part of the course tive word method. The practical ad- is supplemented by general references to vantage of this method is that it does and explanations of the miscellaneous