The Renewal of the Liberal Law Degree

Cambridge Law Journal

Volumn 55, Issue 3, 1996, Pages 470-487

  Hepple, Bob ^a  

^a UNIVERSITY OF GLASGOW   (United Kingdom)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84880044123     PISSN: 00081973     EISSN: 14692139     Source Type: Journal    
DOI: 10.1017/S0008197300100479     Document Type: Article

References (68)

1. The Committee also had the benefit of a number of recent academic studies, of which particular mention may be made of William Twining's Hamlyn Lectures, Blackstone's Tower: The English Law School (London, 1994)
2. Peter Birks (ed.) Renewing Legal Education (Oxford, 1994).
3. See generally, R.C. van Caenegem, Judges, Legislators and Professors: Chapters in European Legal History (Cambridge, 1987), pp. 53–65, 113–126.
4. Report from the Select Committee on Legal Education (1846), B.P.P., vol X (perhaps significantly, as Professor Gower has pointed out in (1950) 13 M.L.R. 137, in the same volume as a Report from the Select Committee on the Disposal of Metropolitan Sewage Manure!).
5. B.P.P., p. xxxiv.
6. B.P.P., p. xxxi.
7. B.P.P., p. viii.
8. J.H. Baker, 750 Years of Law at Cambridge (Faculty of Law, University of Cambridge, 1996), p. 9. Amos's experience should serve as a warning to me, since I held his Chair at UCL (1982–93) before returning to Cambridge, and I saw no undergraduates at all at this lecture! There were, however, over 100 law teachers and senior representatives of the legal profession present, a healthy sign that legal education is now taken very seriously.
9. 750 Years of Law at Cambridge, p. viii.
10. Andrew Amos, An Introductory Lecture on the Laws of England, delivered in Downing College, Cambridge, on 23 October 1850 (Cambridge, 1850). [I am grateful to Professor J.H. Baker Q.C. for this reference.]
11. An Introductory Lecture on the Laws of England, pp. 50–51n.
12. F.W. Maitland, “Law at the Universities” Collected Papers, vol. III (Cambridge, 1911) 419 at p. 427.
13. Maitland made the penetrating comment elsewhere (Collected Papers, pp. 78–79) that “the taught system will be very much tougher than the untaught”.
14. A.V. Dicey, Can English Law be Taught at the Universities? (London, 1883).
15. O. Kahn-Freund, “Reflections of Legal Education”, (1966) 29 M.L.R. 121 at p. 123
16. Selected Writings (London, 1978), 359 at p. 360.
17. Final Report of the Royal Commission on University Education in London. Cd. 6707 (1913) para. 337.
18. Final Report of the Royal Commission on University Education in London, chap. 1, para. 9.
19. Harold D. Hazeltine, “The Present State of Legal Education in England”, (1910) 26 L.Q.R. 17 at p. 34.
20. Report of the Legal Education Committee. Cmd. 4663 (1934), para. 10.
21. So described by L.C.B. Gower, (1950) 13 M.L.R. at p. 147.
22. A.D. McNair, “Law Teaching and Law Reform” (1934) II J.S.P.T.L. 1.
23. The reformist movement in Cambridge is also to be seen in R.M. Jackson, The Machinery of Justice in England (Cambridge, 1940) pp. 312–321.
24. E.C.S. Wade, in his inaugural lecture at Cambridge entitled “The Aims of Legal Education” (1945–1947) 9 C.L.J. 286. He urged (at pp. 288, 289) that we should “teach law as a great human institution serving social and economic ends” and “in relation to its place in the world in which we live”; he wanted “to sharpen the critical faculties of the lawyers of tomorrow”.
25. W.T.S. Stallybrass, “Law in the Universities” (1948) 1 J.S.P.T.L. (NS) 157.
26. “Law in the Universities”, at pp. 160, 161.
27. B. Abel-Smith and R. Stevens, Lawyers and the Courts (London, 1967), p. 367.
28. Lawyers and the Courts, p. 164.
29. Lawyers and the Courts, p. 163.
30. Lawyers and the Courts, p. 163.
31. L.C.B. Gower, “English Legal Training” (1950) 13 M.L.R. 137.
32. “English Legal Training”, p. 177.
33. “English Legal Training”, p. 171.
34. Twining, “English Legal Training”, p. 35.
35. He points out that the Committee failed “to carry out Lord Gardiner's agenda of creating an integrated and unified system of legal education and training”. This agenda was implicit in the terms of reference, and also advocated in G. Gardiner and A. Martin, Law Reform NOW, (London, 1963), chaps. 1 and 11.
36. Law Reform NOW, para. 2.2.
37. Law Reform NOW, para. 2.4.
38. Law Reform NOW, p. 72 (annexure to chap. 4) for an illustrative statement.
39. Law Reform NOW, para. 4.33.
40. See Gareth Jones, “Traditional Legal Scholarship: a Personal View”, in P.B.H. Birks (ed.) What are Law Schools For? (Oxford, 1996) pp. 9–15.
41. Kahn-Freund, What are Law Schools For?, p. 366: “he must not be allowed to go around it by escaping into talk about policies, he must go through it”.
42. Johan Steyn, “Does Legal Formalism Still Hold Sway?”, The Bentham Club UCL: the 1996 Presidential Lecture, (1996) Current Legal Problems [forthcoming].
43. J. Beatson, “Does the Common Law Have a Future?”, an inaugural lecture delivered in the Faculty of Law, University of Cambridge, 29 April 1996. [To appear in the Journal in July 1997.]
44. Pepper (Inspector of Taxes) v. Hart [1993] AC 593
45. Melluish (Inspector of Taxes) v. BMI (No. 3) [1995] 3 W.L.R. 630
46. Three Rivers District Council v. Bank of England (No. 2) [1996] 2 All E.R. 363.
47. For a brief general introduction, see D.R. Miers and A.C. Page, Legislation, 2nd ed. (London, 1990).
48. Caparo Industries plc v. Dickman [1990] 2 A.C. 605.
49. White V. Jones [1995] 2 W.L.R. 187.
50. Murphy v. Brentwood District Council [1991] 1 A.C. 398.
51. See the devastating critique by B.S. Markesinis and Simon Deakin, “The Random Element in their Lordships' Infallible Judgment: An Economic and Comparative Analysis of the Tort of Negligence from Anns to Murphy” (1992) 55 M.L.R. 619.
52. David Howarth, A Textbook on Tort, (London, 1995), pp. 308–331.
53. B.S. Markesinis and Simon Deakin, Tort Law, 3rd ed. (Oxford, 1994), pp. 22–35, 83–118.
54. This is the approach favoured by one of our greatest comparatists, Kurt Lipstein, in The Common Law of Europe and the Future of Legal Education (eds. B. de Witte and C. Tucker) (Deventer, 1992), pp. 255–263.
55. In the particular example given, this has been facilitated by B.S. Markesinis, The German Law of Torts, 3rd ed. (Oxford, 1994), p. 173 et seq.
56. David Johnston, Inaugural Lecture delivered in the Faculty of Laws, University of Cambridge, 1 February 1996. [To appear in the Journal in March 1997.]
57. B.S. Markesinis, “The Comparatist (or a Plea for a Broader Legal Education)”, an inaugural lecture delivered in the University of Oxford, 23 February 1996, to be published in the Yearbook of European Law (forthcoming 1996)
58. see more generally, G. Wilson, chap. 15 in (Wilson ed.) Frontiers of Legal Scholarship (London, 1995), esp. p. 230
59. B.S. Markesinis, chap. 1 in (Markesinis ed.) The Gradual Convergence (Oxford, 1994), esp. at p. 21.
60. B. Williams, “The Idea of Equality” in (P. Laslett and W.G. Runciman eds.) Philosophy, Politics and Society (London, 1962), p. 110.
61. R. Dworkin, “What is Equality?” (1981) 10 Philosophy and Public Affairs 185, 283.
62. Eg. the contributions by Derrick Bell, Nicola Lacey, Bhikhu Parekh and Gwynneth Pitt in (B. Hepple and E. Szyszczak eds.) Discrimination: The Limits of Law (London, 1992), chaps. 1, 7, 15 and 16.
63. See esp. N. MacCormick and W. Twining, “Theory in the Law Curriculum” in (W. Twining ed.) Legal Theory and Common Law (Blackwell, 1986)
64. for a comprehensive recent survey, Hilaire Bamett, “The Province of Jurisprudence Determined—Again!” (1995) 15 L.S. 88.
65. ACLEC Report, para. 1.19; and see further, R. Cranston in (Cranston ed.) Legal Ethics and Professional Responsibilities (Oxford, 1995) at p. 32.
66. Maitland, Collected Papers, vol. III, p. 427.
67. See generally, Ronald Bamett, Improving Higher Education (SRHE and Open University, 1992), esp. pp. 189–193.
68. Legal Education and Professional Development. Report of the Task Force on Law Schools and the Profession: Narrowing the Gap (the MacCrate Report], American Bar Association, 1992, pp. 138–141 lists 47 “fundamental lawyering skills” and 11 “fundamental values of the profession”. There is no shortage of such lists in England: e.g. Report of the Committee on the Future of the Legal Profession: A Time for Change [the Marre Committee], General Council of the Bar and Law Society,1988, produced a “provisional list”, as did the Law Society, Training Tomorrow's Solicitors (1990). See generally, Philip A. Jones, Competences, Learning Outcomes and Legal Education, Institute of Advanced Legal Studies, 1994.