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Legal Education In Germany And The United States--A Structural Comparison, Juergen R. Ostertag
Legal Education In Germany And The United States--A Structural Comparison, Juergen R. Ostertag
Vanderbilt Journal of Transnational Law
In this Article, Mr. Ostertag compares German and United States legal education. He believes that the differences in the two educational systems result from such factors as the separate development of the respective educational programs, the different training goals each system has for law students, and the relative significance of code law instruction and case method instruction. The author perceives a dichotomy between legal theory and practice, and he believes that law schools could bridge this gap through a comprehensive internship program that would expose students to all aspects of legal practice.
The Marginalist Revolution In Legal Thought, Herbert Hovenkamp
The Marginalist Revolution In Legal Thought, Herbert Hovenkamp
Vanderbilt Law Review
For legal policy the two most important scientific ideas of the nineteenth century were Darwinism and marginalism. Both became the starting points for the great revolutions in the social sciences that took place in the 1870s and later. The central principle of Darwinism is the theory of evolution by natural selection. Because nature produces many more offspring than each niche in the environment can accommodate, individuals of a particular species must compete to survive. Purely at random each individual acquires from its parents a set of characteristics that are different from those of any other individual. Those who inherit characteristics …