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Legal Education

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Vanderbilt Law Review

2007

Instrumentalism

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Can Law Survive Legal Education?, Ernest J. Weinrib Mar 2007

Can Law Survive Legal Education?, Ernest J. Weinrib

Vanderbilt Law Review

Legal education exists at the confluence of three activities: the practice of law, the enterprise of understanding that practice, and the study of law's possible understandings within the context of a university. The first of these, the practice of law, consists of the activities consciously governed by law, including, for example, lawyers giving legal advice, citizens contemplating the legality of prospective actions, legislators creating law within the limits of their jurisdiction, and judges determining the rights and duties of litigants. It thus comprehends the entire field of legal institutions, legal doctrine, and legal interaction. The second activity, the enterprise of …