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of many judicial decisions. The pupil has simply to accept them and to inscribe them so far as possible in his memory. In this way the scientific element of instruction is apparently excluded from the very first. Even though the representatives of this instruction certainly do regard law as a science—that is to say, as a system of thought, a grouping of concepts to be satisfactorily explained by historical research and logical deduction—they are not willing to teach this science, but only its results. The inevitable danger which appears to accompany this method of teaching is that of developing a mechanical, superficial instruction in abstract maxims, instead of a genuine intellectual probing of the subject matter of the law, fulfilling the requirements of a science.”
Turning to the case method Professor Redlich comments as follows:
"It emphasizes the scientific character of legal thought; it goes now a step-further, however, and demands that law, just because it is a science, must also be taught scientifically. From this point of view it very properly rejects the elementary school type of existing legal education as inadequate to develop the specific legal mode of thinking, as inadequate to make the basis, the logical foundation, of the separate legal principles really intelligible to the students. Consequently, as the method was developed, it laid the main emphasis upon precisely that aspect of the training which the older text-book school entirely neglected the training of the student in intellectual independence, in individual thinking, in digging out the principles through penetrating analysis of the material found within separate cases; material which contains, all mixed in with one another, both the facts, as life creates them, which generate the law, and at the same time rules of the law itself, component parts of the general system. In the fact that, as has been said before, it has actually accomplished this purpose, lies the great success of the case method. For it really teaches the pupil to think in the way that any practical lawyer—whether dealing with written or with unwritten law-ought to and has to think. It prepares the student in precisely the way which, in a country of case law, leads to full powers of legal understanding and legal acumen; that is to say, by making the law pupil familiar with the law through incessant practice in the analysis of law cases, where the concepts, principles, and rules of Anglo-American law are recorded, not as dry abstractions, but as cardinal realities in the inexhaustibly rich, ceaselessly fluctuating, social and economic life of man. Thus in the modern American law school professional practice is preceded by a genuine course of study, the methods of which are perfectly adapted to the nature of the common law."
The general purpose and scope of this series were clearly stated in the original announcement:
“The General Editor takes pleasure in announcing a series of scholarly casebooks, prepared with special reference to the needs and limi
tations of the classroom, on the fundamental subjects of legal education, which, through a judicious rearrangement of emphasis, shall provide adequate training combined with a thorough knowledge of the general principles of the subject. The collection will develop the law historically and scientifically; English cases will give the origin and development of the law in England; American cases will trace its expansion and modification in America; notes and annotations will suggest phases omitted in the printed case. Cumulative references will be avoided, for the footnote may not hope to rival the digest. The law will thus be presented as an organic growth, and the necessary connection between the past and the present will be obvious.
“The importance and difficulty of the subject as well as the time that can properly be devoted to it will be carefully considered so that each book may be completed within the time allotted to the particular subject. * If it be granted that all, or nearly all, the studies required for admission to the bar should be studied in course by every student and the soundness of this contention can hardly be seriously doubted—it follows necessarily that the preparation and publication of collections of cases exactly adapted to the purpose would be a genuine and by no means unimportant service to the cause of legal education. And this result can best be obtained by the preparation of a systematic series of casebooks constructed upon a uniform plan under the supervision of an editor in chief.
“The preparation of the casebooks has been intrusted to experienced and well-known teachers of the various subjects included, so that the experience of the classroom and the needs of the students will furnish a sound basis of selection."
Since this announcement of the Series was first made there have been published books on the following subjects: Administrative Law. By Ernst Freund, Professor of Law in the
. University of Chicago. Agency. By Edwin C. Goddard, Professor of Law in the University
of Michigan. Bills and Notes. Second Edition. By Howard L. Smith, Professor of
Law in the University of Wisconsin, and Underhill Moore, Pro
fessor of Law in Columbia University. Carriers. By Frederick Green, Professor of Law in the University of
Illinois. Conflict of Laws. By Ernest G. Lorenzen, Professor of Law in
Yale University. Constitutional Law. By James Parker Hall, Dean of the Faculty of
Law in the University of Chicago. Contracts. By Arthur L. Corbin, Professor of Law in Yale University.
Corporations. By Harry S. Richards, Dean of the Faculty of Law in
the University of Wisconsin. Criminal Law. By William E. Mikell, Dean of the Faculty of Law in
the University of Pennsylvania. Criminal Procedure. By William E. Mikell, Dean of the Faculty of
Law in the University of Pennsylvania. Damages. By Floyd R. Mechem, Professor of Law in the University
of Chicago, and Barry Gilbert, of the Chicago Bar. Equity. By George H. Boke, formerly Professor of Law in the Uni
versity of California. Evidence. By Edward W. Hinton, Professor of Law in the Universi
ty of Chicago. Insurance. By William R. Vance, Professor of Law in Yale Uni
versity International Law. By James Brown Scott, Lecturer on International
Law and the Foreign Relations of the United States in the School
of Foreign Service, Georgetown University. Legal Ethics, Cases and Other Authorities on. By George P. Costigan,
Jr., Professor of Law in the University of California. Partnership. By Eugene A. Gilmore, Professor of Law in the Uni
versity of Wisconsin, Persons (including Marriage and Divorce). By Albert M. Kales, late of
the Chicago Bar, and Chester G. Vernier, Professor of Law in
Stanford University. Pleading (Common Law). By Clarke B. Whittier, Professor of Law
in Stanford University, and Edmund M. Morgan, Professor of
Law in Yale University. Property (Future Interests). By Albert M. Kales, late of the Chicago
Bar. Property (Personal). By Harry A. Bigelow, Professor of Law in the
University of Chicago. Property (Rights in Land). By Harry A. Bigelow, Professor of
Law in the University of Chicago. Property (Titles to Real Property). By Ralph W. Aigler, Professor
of Law in the University of Michigan. Property (Wills, Descent, and Administration). By George P. Costi
gan, Jr., Professor of Law in Northwestern University. Quasi Contracts. By Edward S. Thurston, Professor of Law in Yale
University. Sales. By Frederic C. Woodward, Professor of Law in the University
of Chicago. Suretyship. By Crawford D. Hening, formerly Professor of Law
in the University of Pennsylvania.
Torts. By Charles M. Hepburn, Dean of the Faculty of Law in the
University of Indiana. Trade Regulation. By Herman Oliphant, Professor of Law in Colum
bia University. Trusts. By Thaddeus D. Kenneson, Professor of Law in the Univer
sity of New York.
It is earnestly hoped and believed that the books thus far published in this series, with the sincere purpose of furthering scientific training in the law, have not been without their influence in bringing about a fuller understanding and a wider use of the case method.
WILLIAM R. VANCE,