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September 19, 2014


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Jeff Lipshaw

Ray, this is a remarkably insightful post. I only disagree with the statement "the originating theory - that law is some kind of science - has long ago been tossed overboard."

I agree that Langdell's conception of law as science, that the foundational norms are there to be found by organizing and systematizing the cases, went off the plank a while ago. But I think there is still an overwhelming aspiration to law if not as science then as the subject of theory that reduces, explains, integrates, and makes it coherent as a discipline.

Scott Fruehwald


I would look at how educators are training students in other fields. Michael Hunter Schwartz was the first to do this in legal education, and I have used insights from general education scholarship in my work on legal education. ( and


Of the many sins of the law faculty and administration, letting a 19th century man trained in 19th century jurisprudence still control the curriculum ranks among the most absurd. Let's just ignore almost the entire field of educational psychology or cognitive psychology, and while we're at it let's also ignore the thorough shift in the law from common to statutory law.

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