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LH 13 | Making American Lawyers

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LH 13 | Making American Lawyers

  1. 1. Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />
  2. 2. Making American Lawyers<br />
  3. 3. Educational alternatives<br />Apprenticeship<br />Inns of Court<br />Self-study<br />
  4. 4. Twilight of the Inns<br />
  5. 5. Last of the Americans<br />
  6. 6. Blackstone’s Commentaries<br />
  7. 7. Blackstone’s Commentaries<br />
  8. 8. Blackstone’s lectures<br />
  9. 9. I think it an undeniable proposition, that a competent knowledge of the laws of that society in which we live, is the proper accomplishment of every gentleman and scholar; an highly useful, I had almost said essential, part of liberal and polite education….<br /> If practice be the whole he is taught, practice must also be the whole he will ever know; if he be uninstructed in the elements and first principles upon which the rule of practice is founded, the least variation from established precedents will totally distract and bewilder him. <br />Blackstone on legal education<br />
  10. 10. American factors<br />
  11. 11. George Wythe at William & Mary<br />
  12. 12. At home in Williamsburg<br />
  13. 13. Jefferson’s law teacher<br />
  14. 14. At the college<br />
  15. 15. … a success which has gained…universal applause. Wythe’s school is numerous. They hold weekly courts and assemblies in the capitol. The professors join in it; and the young men dispute with eloquence, method and learning. This single school by throwing from time to time new hands well principled and well informed into the legislature will be of infinite value. <br />Jefferson on Wythe, 1780<br />
  16. 16. Resignation and later life<br />
  17. 17. Wythe’s legacy<br />
  18. 18. Wythe’s legacy<br />
  19. 19. Wythe’s legacy<br />
  20. 20. St. George Tucker<br />
  21. 21. Tucker’s Blackstone<br />
  22. 22. Home and school?<br />
  23. 23. James Wilson at the College of Philadelphia<br />
  24. 24. In every government, which is not altogether despotical, the instruction of youth is of some publick consequence. In a republican government, it is of the greatest. Of no class of citizens can the education be of more publick consequence than that of those, who are destined to take active part in publick affairs. Those who have had the advantage of a law education, are very frequently destined to take this active part. This deduction clearly shows, that, in a free government, the principles of a law education are matters of the greatest publick consequence.<br />Wilson on legal education<br />
  25. 25. Wilson’s lectures<br />
  26. 26. The lectures published<br />
  27. 27. Of the study of the law in the United States<br /> Of the general principles of law and obligation<br /> Of the law of nature<br /> Of the law of nations<br /> Of municipal law<br /> Of man, as an individual<br /> Of man, as a member of society<br /> Of man, as a member of a confederation <br /> Of man, as a member of the great commonwealth of nations<br /> Of government<br /> Comparison of the constitution of the United States, with that of Great Britain<br />The lectures themselves<br />
  28. 28. Debt and death<br />
  29. 29. James Kent at Columbia College<br />
  30. 30. James Kent at Columbia College<br />
  31. 31.
  32. 32. A lawyer in a free country, should have all the requisites of Quintilian’s orator. He should be a person of irreproachable virtue and goodness. He should be well read in the whole circle of the arts and sciences. He should be fit for the administration of public affairs, and to govern the commonwealth by his councils, establish it by its laws, and correct it by his example.<br />Kent on the American lawyer<br />
  33. 33. Judge Kent and his Commentaries<br />
  34. 34. The Transylvania experiment<br />
  35. 35. Law professor and practitioner<br />
  36. 36. Why university legal education failed<br />
  37. 37. Blackstone’s experience<br />
  38. 38. Litchfield<br />
  39. 39. Tapping Reeve<br />
  40. 40. Law school in the parlor<br />
  41. 41. The first law school building<br />
  42. 42. Reeve’s lectures<br />
  43. 43. Student notebooks<br />
  44. 44. Early law students<br />
  45. 45. Apprenticeship continues<br />
  46. 46. Law office education<br />
  47. 47. Law office education<br />
  48. 48. Law office education<br />
  49. 49. Law office education<br />
  50. 50. What factors prompted American lawyers to experiment with university-based legal education after the Revolution?<br />How did the teaching of James Wilson, for instance, differ from that of Tapping Reeve?<br />Why did early university-based legal education fail?<br />Why did American lawyers continue to embrace apprenticeship as the quintessential legal training method well into the nineteenth century?<br />Review questions<br />
  51. 51. Next week… Nineteenth century lawyering!<br />
  52. 52. Making American Lawyers<br />
  53. 53. Professor Bernard Hibbitts<br />University of Pittsburgh School of Law | Fall 2010<br />Lawyering: A History<br />

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