Another Attempt At Exorcising Langdell's Tenacious Ghost

My latest attempt at exorcising C.C. Langdell's tenacious ghost is now in print: "Langdell & the Eclipse of Character." I've been trying to dispel this specter for years. https://lawreview.law.pitt.edu/ojs/lawreview/article/view/1001/643

Excerpt from Conclusion: "I will not conclude by calling Langdell a confidence man. I will, however, conclude with a few words from Melville’s THE CONFIDENCE MAN. As Melville reminds us: the false cannot plausibly overclaim perfection. For example, ‘[T]he best false teeth are those made with at least two or three blemishes, the more to look like life.’ A legal formalism which claims mathematical certainty (and which further denies the importance of the slings and arrows of substantial law practice for the law professor) does not even pretend to look like life. Were Langdellianism a con, it could therefore not be a plausible one, and those duped by it should be all the more ashamed . . . ."

The Arc Continues: Disdaining Langdell From Law Student to Law Professor

 Favorite Carrell at Duke Law From LWI: 

Lecturing Against Langdell at Wake Law:

Not forgetting how our own legal education was watered down by Christopher Columbus Langdell's silly obsession with redacted appellate cases and his silly claim that law practice taints law professors, more and more of us are determined to make a change. Langdell's nonsense also eclipsed the importance of good character, and hopefully more and more of us will speak out on this as well.

From SSRN:

Langdell and the Eclipse of Character

                                                                     Abstract

Christopher Columbus Langdell has not only damaged the study of law with his three follies: his legal formalism, his redacted appellate case method, and his notion that legal practice taints the professor of law. His three follies have also impaired character development critical for legal actors. This Article focuses on four such critical character traits and virtues impaired by Langdell: (i) imagination, (ii) empathy, (ii) balance, and (iv) integrity. Readers wishing to explore virtues beyond those addressed in this Article might note my earlier examination of the role of virtue in good legal analysis found here.

This Article also calls out potential character issues with two professor types inspired by Langdell: (v) the hazing professor who confuses intellectual rigor with intense discomfort and who uses the redacted appellate case method to inflict such discomfort at the expense of better pedagogy, and (vi) the professor without substantial practice experience who is substantially paid to teach what she has never practiced.

Agreeing with C.S. Pierce that the best argument is a cable rather than a chain, I end by weaving in a Langdell villanelle (from my Apology Box also shared on this Blog) to supplement the prose. I hope such a cable can help lift Langdell and his follies from legal education and the world.

This Article can be downloaded here.

Keywords: Langdell, law school reform, legal education reform, virtue, imagination, empathy, balance, integrity, hazing, experience, translation, formalism, character, concept, category, metaphor

My Common Thread

Though the subject matters of my writing may seem quite diverse, there is a common thread. What is it?

That common thread is a hermeneutic pragmatism which explores meaning that is workable (morally and otherwise) through time as more particularly set forth in (for example) my "Making Good Sense: Pragmatism’s Mastery of Meaning, Truth, and Workable Rule of Law." As a philosopher and experienced lawyer, I explore "diverse" matters which on closer examination uniformly involve hermeneutic pragmatism for proper analysis. Such matters include the inseparability of theory and practice in law and life; workable semiotics (including semantics, hermeneutics, and pragmatics) in law and life; originalist claims as to interpretation and construction; conceptual metaphor in law and life; the cognitive nature of emotion in law and life; the role of virtue in legal and other analysis; the interrelation of law and the humanities (including classical rhetoric and parallels between lawyers and poets); and the need for legal education reform consistent with thoughtful explorations of the matters set forth above. 

Wake Forest Law Review Publishes "Revisiting Langdell: Legal Education Reform & The Lawyer's Craft"

The Wake Forest Law Review has published its 2015 Legal Education Reform Symposium volume entitled Revisiting Langdell: Legal Education Reform & The Lawyer's Craft.  The volume can be purchased here and I hope it will make a positive difference in legal education reform. 

My introductory article in the volume highlights longstanding, substantial damage Christopher Columbus Langdell has inflicted on law schools and legal education. Much of this damage stems from three of Langdell’s wrong and counterintuitive notions: (1) law is a science of principles and doctrines known with certainty and primarily traced through case law; (2) studying redacted appellate cases is “much the shortest and best, if not the only way” of learning such law; and (3) despite Langdell’s own roughly fifteen years of practice experience, practice experience taints one’s ability to teach law. I briefly highlight problems with, and harms resulting from, each of these wrong notions. Among other things, I briefly explore: (A) contradictions, oversights, and wrong assumptions in Langdell’s views; (B) how the very meanings of “theory” and “practice” reject Langdell; (C) how the necessary role of experience in meaning itself rejects Langdell; (D) parallels between Langdell and unworkable Cartesian dualism; and (E) how the necessary role of framing in the law rejects Langdell. I also briefly survey some remedies suggested by reason, experience, common sense, and modern cognitive psychology. These include rejecting the redacted appellate case method as a primary mode of instruction, recognizing the necessary fusion of theory and practice, recognizing the need for practice experience in law professors, recognizing the embodied nature of meaning and the resulting role of practice and simulation in good legal education, embracing the humanities (including classical rhetoric) in legal education, abandoning meaningless distinctions such as distinctions between “doctrinal” and “non-doctrinal” courses, and abandoning “caste” systems demeaning those with law practice experience and elevating those who lack such necessary experience.  My introduction can be found here.

Langdell Defends Langdell With A Villanelle (An Addition To "The Apology Box")

Though I've gone after Langdell several times in prose (Exercising Common Sense, Razing Langdell, and Days of Auld Langdell), I've not attempted it in verse till now.  The Villanelle seemed a good form and I felt he would speak of himself in the third person were he writing it.  Of course, even in the more polished form of a villanelle, I still disagree with Langdell's thoughts on casebooks, experienced teachers, law's nature, and more.  Law is not a certain science.  Law practice experience makes better, not worse law professors.  Theory is blind if separated from practice.  Practice is empty without theory.  Law schools are therefore elevated rather than "dumbed down" by teaching practice and theory both.  The hypocrisy of Langdell's practicing for fifteen years while saying practice taints is of course not lost on me either.  I couldn't bear including a photo of the man so I have instead substituted a page from his infamous contracts casebook.

Justice Scalia, Queen Anne, and the Pragmatics of Interpretation

Archive of Blog Originally Posted 2/18/2016 in The Huffinton Post

Letter to the Class of 2014

Archive of Blog Originally Posted 4/29/14 in The Huffinton Post

From Days of Auld Langdell: Crisis and Reform in Modern Legal Education

Archive of Blog Originally Posted 4/25/14 in The Huffinton Post

Cicero and Classical Rhetoric: A Good Man Is Still Fluent Dead

Much needless suffering (including physical carnage) flows from our inability to persuade with words rather than force.  Much of that verbal inability comes from a lack of basic instruction in the rhetorical arts that the Greeks and Romans perfected long ago.  Their manuals (such as the Rhetorica ad Herennium and Artistotle's Rhetoric) lie too often untouched  though freely available online and in libraries all around us.  Ignoring such works makes no sense, and I hope one day the vast majority of us will rediscover and value what the ancient rhetoricians have given us.  I wonder how Cicero might speak to us now about the power of word over sword (of dropping the "s" from "sword" and using the resulting "word"), and about the need to read, ponder, and perfect the teachings his earlier generations have kindly left us.  I've written the following sonnet hoping to capture some wisdom from that man of words who was murdered by men of swords and whose hands and head were cut off and nailed up for public view.

Overview of Wake Forest Law Review Legal Education Reform Symposium

Wake Forest Law Review Symposium Overview:

“Revisiting Langdell: Legal Education Reform and the Lawyer’s Craft”

By: Steven Verez

On October 23^rd 2015, The Wake Forest Law Review held a symposium entitled:  “Revisiting Langdell: Legal Education Reform and the Lawyer’s Craft.”  Over 200 persons attended the event.  The symposium was hosted by Wake Forest University School of Law Professors Harold Lloyd, Associate Professor of Legal Analysis and Writing and Christine Coughlin, Director of Legal Analysis, Research & Writing.  A symposium edition published by the Wake Forest Law Review containing articles by most of the speakers will be available soon.  A brief overview of some of the speakers’ topics and discussions is set out below.