The Common Law And the Case Method in American University Law Schools; a Report to the Carnegie Foundation for the Advancement of Teaching
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The course of lectures on Institutes, which I here recommend to serve as authorita- tive introduction to the study of law, would naturally divide itself along the two lines of approach already indicated. First would come a sort of "general part," an exposi- tion of an essentially dogmatic kind, in which the main legal concepts, forms, and fun- damental institutions, corresponding to the examples I have already cited, should be systematically set forth, while the second part should give a beginn...ers' course in the sources of the law, and a historical survey of the main events in its development. Such a course of lectures, which should be given for about three or four hours a week, would doubtless extend over a part of the first year of study, at least the first third or the first half. On the other hand, there is no reason why a part of the case method exer- cises which are now conducted during the first year in separate fields of the common law should not also go on simultaneously. If, however, during the first few weeks of study, the main task of the pupils consisted in a course of "Institutional Lectures," then, in my opinion, we should essentially shorten and diminish that confusion and obscurity which — as is admitted by even the most zealous advocates of the exclusive case method — troubles most of the young men at present during a large part of their first year in their attempts to analyze the cases.
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