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The Life of Langdell Has Not Been Logic; It Has Been Experience

Published online by Cambridge University Press:  28 October 2011

Extract

William LaPiana has led the way in searching for, identifying, and examining new evidence about Langdell, so it is gratifying to learn that he is informed by my revisions of Langdell's bibliography, teaching schedule, and career chronology. LaPiana also affirms the significance of Langdell's early lectures on partnership and commercial paper, adding informative points both about Langdell's views and their possible influence on others. However, the reconstructions of discussions from Langdell's classes are speculative, in LaPiana's judgment, and to some extent superfluous, because “one can certainly concede the point [that the Dean was not ‘dogmatic, rigid, and closeminded‘] even without resorting to the reconstructed discussions.”

Type
Forum: Response
Copyright
Copyright © the American Society for Legal History, Inc. 1999

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References

1. Schweber doubts my suggestions that the debate between Whewell and Mill likely informs Langdell's view of inductive teaching. Neither of us has space here to address this issue substantively; but Schweber, relying on a source I quote, objects at least on the grounds that Mill's influence is felt later. Yet, Whewell published his Philosophy of the Inductive Sciences in 1840, and Mill published his System of Logic in 1843. Prompted by the appearance of these two summative works, they publicly debated each other's views until Whewell died in 1866. Thus, their prominent debate over the meaning of induction correlates closely with Langdell's formative education (during his twenties) at Harvard College from 1848 to 1850 and at Harvard Law School from 1851 to 1854, while it slightly antedated his introduction of inductive teaching into law. This correlation and the prominence of the debate make it likely that the debate would have informed Langdell's view, if indirectly.

2. For example, this effort would counteract the lamentable habit of crediting at face value Holmes's 1880 judgment of Langdell as a “legal theologian” without factoring in the point that Holmes was reviewing the work of an oddball from New Hampshire who had successfully built and transformed Harvard Law School, while he, Holmes, was still struggling under the unfulfilled expectation that, like his famous father and before the age of forty, he “would likewise enter a profession, undertake original and ultimately renowned, professional scholarship, and accept a professorship at Harvard University.” Conversely, Langdell and his protege Ames were silent when in 1882 President Eliot asked the three-person, law school faulty whether they “were prepared to make any effort to get an endowment” to support a professorship for Holmes. White, G. Edward, Justice Oliver Wendell Holmes: Law and the Inner Self (New York: Oxford University Press, 1995), 13, 200Google Scholar. Though Langdell's reticence in this regard was likely unknown to Holmes, the latter returned the favor in his brief address at the commemoration of Langdell's retirement as Dean by not naming or even referring to Langdell and obliquely criticizing most of what Langdell stood for: enshrining “learning,” “historic continuity,” and “reason” in legal education. Address by Oliver Wendell Holmes. Harvard Law School Association, Report of the Ninth Annual Meeting, June 25, 1895, in especial honor of Christopher Columbus Langdell (Boston: Harvard Law School Association, 1895), 6062Google Scholar. Langdell's and Holmes's judgments of each other are based not only on logic but also their experience.

3. Cannon, Walter B., “The Case Method of Teaching Systematic Medicine,” Boston Medical and Surgical Journal 142 (1900): 3136CrossRefGoogle Scholar.

4. Copeland, Melvin T., “The Genesis of the Case Method in Business Instruction,” in The Case Method at the Harvard Business School, ed. McNair, Malcolm P. (New York: McGraw-Hill, 1954), 2533.Google Scholar