Page:The Green Bag (1889–1914), Volume 16.pdf/212

This page needs to be proofread.

American Law Schools. way as to bring each student to determine for himself which is the better decided case. In order to do this intelligently, he must, of course, have the subject well in hand, be in formed as to the weight of authority, and what are the views of some of the better text writers. The student having expressed an opinion on the subject will be required to support it by such authority as he may be able to give. If he is not able to cite other cases or texts, some other student may be ready to do so, or the teacher may direct the members of the class or a portion of them, to make additional investigation and report at the next lecture. Should the rule established by the case be peculiar to one particular jurisdiction, or only a few jurisdictions, as for example, the doctrine of mental anguish in damage suits. the class will learn that what may be re garded as good law in one jurisdiction may not be considered as such in another, upon the same subject. These are, of course, but a few isolated and, I fear, very imperfect illustrations of the working of the case sys tem; but enough has been shown, I trust, to demonstrate its great advantage over the antiquated methods of the past, in which the student's own activity played but a very un important part. Whether it will' ever be adopted as a uni form means of teaching law. however, may well be doubted. In teaching procedure its exclusive use has many drawbacks, although it is employed even for this purpose by such eminent educators as Dean Ames and others of high rank—a fact which I must admit renders the expression of any doubt as to its absolute utility somewhat hazardous. One of the manifest disadvantages in the teaching of pleading and practice entirely by cases, is the length of time required to accomplish any preceptible results. An entire case cov ering a large number of pages may contain but a single point on the proposition under

169

investigation, which might have been com prehensively stated in a single sentence or at most, in a few short sentences in a text book. It is quite true that if the cases are well edited much-of the objectionable or su perfluous matter will have been eliminated; but after all, there must, in many cases, re main a large quantity of such matter which is only remotely connected with the specific principle to be taught, and much time will necessarily be wasted in its consideration. Another subject of growing interest and importance to law schools and those en gaged in the teaching of law in this country, is that of the law school student's prelimin ary education. The Association of Ameri can Law Schools, which is the creature and mouthpiece of the American Bar Associa tion, has placed the requirement at gradua tion from a high school having a four years' course, or the equivalent of such a course. Harvard and Columbia demand of practically all their law students a collegiate course in some recognized institution. In the law schools of Yale and Pennsylvania, a consider able proportion of law students in attendance are not graduates of colleges or universities, although all are required to have the pre scribed high school course, and quite a num ber have received more or less academic training. A somewhat careful observance of the evident efficiency and ability of the law students in the eastern law schools leads me to believe that the young man with a good high school education and two years more of college training is about as well prepared to enter upon the study of law in the law school as the one who has spent four years in col lege, and has received an academic degree. Of course, it may be conceded that the ad ditional two years devoted to the study of the arts and sciences are not without their special benefit at a later period in life, as in fact, all education must be, to the lawyer. But while every lawyer's general educa