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

Logic and Experience

The Origin of Modern American Legal Education

Hardcover

Published: 20th January 1994
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The nineteenth century saw dramatic changes in the legal education system in the United States. Before the Civil War, lawyers learned their trade primarily through apprenticeship and self-directed study. By the end of the nineteenth century the modern legal education system, developed primarily by Dean Christopher Langdell at Harvard University, was in place: a bachelor's degree was required for admission to the new model law school, and a law degree was promoted as the best preparation for admission to the bar.
In Logic and Experience: The Origin of Modern American Legal Education, William LaPiana provides an in-depth study of the intellectual and institutional history of the transformation of American legal education during this period. He thoughtfully details the evolution and adoption of the modern method - the case method - of legal pedagogy that was developed at Harvard and that supplanted the earlier commitment to the memorization of legal principles which was most practiced at Yale. LaPiana links the spread of the Harvard style to changing ideas about the social role of the legal profession. He reveals that practitioners in the American Bar Association, often assumed to be friends of the new style education, were deeply opposed to it.
Through this history of American legal education, LaPiana offers a revisionist portrait of Langdell, Dean of Harvard Law School from 1870 to 1895, and the earliest proponent for the modern method of legal education. Placing Langdell and his colleagues into a broader intellectual and cultural context, LaPiana demonstrates that the usual portrayal of Langdell and his colleagues as formalists is faulty.
Logic and Experience offers a provocative analysis of the development of the American law school and a powerful discussion of the controversy that surrounded these developments both at the time and today. It will provide insightful and informative reading for lawyers, students and scholars of legal, American, and intellectual history, as well as the general reader.

"Through extensive research in archival and manuscript collections, legal periodicals, and the reports of professional organizations, LaPiana places Langell's innovations for the first time within a comprehensive cultural framework."--American Historical Review "The most convincing and complete portrait of Christopher Columbus Langdell ever to appear."--The Journal of American History "This is a very good book containing many interesting discoveries; it probably puts forth the best case possible for its client and cause, Langdell and the Harvard project."--Michigan Law Review "The most convincing and complete portrait of Christopher Columbus Langdell ever to appear."--The Journal of American History "This work examines a subject that no other book does. It is based on exhaustive research and displays a lawyer's appreciation of the realities of practice."--Perspectives on Political Science "Through extensive research in archival and manuscript collections, legal periodicals, and the reports of professional organizations, LaPiana places Langell's innovations for the first time within a comprehensive cultural framework."--American Historical Review "The most convincing and complete portrait of Christopher Columbus Langdell ever to appear."--The Journal of American History "This is a very good book containing many interesting discoveries; it probably puts forth the best case possible for its client and cause, Langdell and the Harvard project."--Michigan Law Review "The most convincing and complete portrait of Christopher Columbus Langdell ever to appear."--The Journal of American History "This work examines a subject that no other book does. It is based on exhaustive research and displays a lawyer's appreciation of the realities of practice."--Perspectives on Political Science "The book has a nice mixture of ideas and people that gives one a sense that attention is being carefully paid to context."--Law and History Review

Introductionp. 3
Harvard's Transformationp. 7
Appointing a Deanp. 7
Developing a Law Schoolp. 14
Birth of the Case Methodp. 22
Antebellum Legal Educationp. 29
A Science of Principlesp. 29
A Practical Science of Procedurep. 38
Education in Legal Sciencep. 44
Case Method and Legal Sciencep. 55
A Science of Narrow Rulesp. 55
A Technical Science of Contracts and Equityp. 58
Changes in Procedure and Legal Thoughtp. 70
Harvard and the Legal Worldp. 79
The Struggle for Standards in New Yorkp. 79
Case Method Comes to Columbiap. 92
Case Method and Practicep. 99
A New Legal Sciencep. 110
Fact-Based Legal Sciencep. 110
Harvard Teachers and Positive Lawp. 122
Oppositionp. 132
The Case Lawyerp. 132
The Evils of Positivismp. 138
Reconciliationp. 148
The Spread of the Case Methodp. 148
The Failure of Sociological Jurisprudencep. 152
The American Law Institutep. 158
The Coming of Realismp. 164
Epiloguep. 168
Notesp. 171
Bibliographyp. 221
Indexp. 243
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780195079357
ISBN-10: 0195079353
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 264
Published: 20th January 1994
Country of Publication: US
Dimensions (cm): 23.52 x 16.15  x 2.24
Weight (kg): 0.54