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The history of law school is a perfect example of developing critical thinking in students, and its pitfalls. Learning to be a lawyer didn't used to be about cr
by speedplane 9y ago
The history of law school is a perfect example of developing critical thinking in students, and its pitfalls. Learning to be a lawyer didn't used to be about critical thinking. Up until the late 1800s, lawyers went to school and learned "the law", e.g., what was allowed and what wasn't. But the problem was that the law constantly changed, and what a lawyer learned in school could easily become outdated and wrong.
Around that time, there was a movement (based at Harvard) to change legal education. Rather than learning "the law", law students learned how to develop arguments. They did this by reading the final judicial written opinions, which evaluated both sides of the argument, rather than reading far more concise summarizations of the law. This caused a huge backlash and there was even a lawschool student walk-out when it was first implemented. However, the method caught on at Harvard and quickly spread to the rest of the country, and is now standard fare at every law school. A funny result of this method is that many law students don't remember how important cases turns out, but they are far more likely to remember the arguments that each side made. (It carries through to lawyering to this day: a lawyers job is not to "win" the case, but to craft the best argument for winning the case.)
The newer type of teaching is excellent for developing critical thinking skills, finding logic flaws, and building an argument. That said, having gone through law school, there is far too much of developing these basic building blocks, law students don't need 3 years of it, and the result is that many young lawyers don't know the basic mechanics of law (although they do know the principles). Ask a recent grad how to file a lawsuit, or defend against one, and they will be at a complete loss.
My point is that while building basic critical thinking skills are extremely important for any school, there is a point when it can swing too far in one direction, and law schools are a perfect example of that.
- barry-cotter 9y agoHistory of American law school, and Canadian because Canada follows America's lead more than Britain's. Every other nation/legal system has law textbooks, what are called hornbooks in American law schools as primary texts. The idea that the law can actually be reasoned about socratically is... strange. Precedent and path dependence are huge parts of the law. And the law doesn't change quickly. If you read a UK law textbook there will be references aplenty to cases from the 1800s, more from more recent times but the law is actually remarkably stable. Harvard's case system didn't spread because it was better as a method of legal education, it spread because one of the most prestigious college in North America started using it and it's more fun to teach that way. The Socratic method has a place as a method in teaching but having it be the method is overkill.
- PatentTroll 9y agoMaybe the US's federalism is a part of it too. We learned a lot of 'stock' law from hornbooks too, but there was always a caveat that most of the 1L stuff is state law and may-no, will-vary from jurisdiction to jurisdiction. The 'law' varies quite a bit from state to state with regards to criminal, contracts, property, etc. So you can either produce a great California lawyer who will be confused if she moves to Arizona, or a lawyer who understands how to learn the law and reason about it in general who can adapt to any state's idiosyncrasies.
- deleted 9y ago[deleted]