scholarly journals The Case of the Common Law in European Legal Education

2017 ◽  
pp. 215-222
Author(s):  
Avrom Sherr
Author(s):  
John V. Orth

This chapter focuses on Sir William Blackstone (1723–1780), the author of the most important book in the history of the common law. The four-volume Commentaries on the Laws of England (1765–1769) and the series of lectures Blackstone delivered at Oxford from 1753, changed the way lawyers thought about the law. Blackstone’s Commentaries were read by more people, non-lawyers as well as lawyers, than any other English law book. Their influence is difficult to overstate, and extends into the twenty-first century. Almost as momentous was Blackstone’s influence on legal education. While gradual, the transfer of legal education from the law office and the courts to the university, which Blackstone pioneered, had an enormous impact on legal development, as law professors contributed to the formation of generations of lawyers and themselves came to play a significant role in legal development.


2021 ◽  
Vol 47 (1) ◽  
pp. 39-55
Author(s):  
Brian C. Lockey

Abstract This paper considers how Spenser’s conception of conscience and universal law and justice in A View of the Present State of Ireland can be understood within the context of jurist Christopher St. German’s early sixteenth-century tract on equity and the common law and his subsequent tracts on the reformation of Church corruption. The paper attempts to re-situate Spenser’s engagement with legal and political theory within the context of English legal education as it had developed throughout the fifteenth and sixteenth centuries. Ultimately, it shows that Spenser’s engagement with law, theology and politics reflected a commitment to a new Protestant conception of transnational Christendom as well as a re-conception of England as a Protestant nation within that transnational entity.


2008 ◽  
Vol 36 (1) ◽  
pp. 156-179
Author(s):  
Joseph W. Dellapenna

The last four decades have seen the emergence of the “law and literature” movement. Although numerous stories in the common law world turn on the trial of cases, many studies in the law and literature vein use stories that do not take place in a courtroom, and often do not even involve a lawyer, to illuminate significant features of the law or its practice. The emergence of the law and literature movement seems to have prompted a turn in legal education toward using pop culture to teach about law, or perhaps reflects that turn. Examples of such efforts include legal symposia devoted to the wisdom of Yogi Berra, of Bruce Springsteen, and of Harry Potter. Others have preferred to study lawyers who are poets. Yet others profess to find poetry in the law itself.


2007 ◽  
Vol 35 (1) ◽  
pp. 1-46 ◽  
Author(s):  
James R. Maxeiner

InEducating Lawyers: Preparation for the Profession of Lawthe Carnegie Foundation for the Advancement of Teaching has again turned its attention to legal education. Much as it did in the early years of the last century, in the first years of this century in its Preparation for the Professions Program (“PPP”), the Carnegie Foundation is examining professional education generally. In the early twentieth century, the Carnegie Foundation published its first report in law,The Common Law and the Case Method in American University Law Schools, prepared in 1914 by Josef Redlich, an Austrian law professor. The two reports are referred to here as the PPP Legal Education Report and as the Redlich Report respectively.


2017 ◽  
Vol 17 (2) ◽  
pp. 238-290
Author(s):  
Colm Peter McGrath ◽  
◽  
Helmut Koziol ◽  

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.


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