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Duke Law

Law--Study and teaching

1997

Articles 1 - 2 of 2

Full-Text Articles in Law

The Constitutional Law Scholarship Of Thomas Mcintyre Cooley, Paul D. Carrington Jan 1997

The Constitutional Law Scholarship Of Thomas Mcintyre Cooley, Paul D. Carrington

Faculty Scholarship

No abstract provided.


Law As “The Common Thoughts Of Men”: The Law-Teaching And Judging Of Thomas Mcintyre Cooley, Paul D. Carrington Jan 1997

Law As “The Common Thoughts Of Men”: The Law-Teaching And Judging Of Thomas Mcintyre Cooley, Paul D. Carrington

Faculty Scholarship

In this article, Professor Carrington offers an intellectual history of Thomas McIntyre Cooley. Cooley, a close contemporary of Dean Langdell, was in his time the premier judge, law teacher, and legal scholar in America, overshadowing not only Langdell, but his somewhat younger associate, Oliver Wendell Holmes. The twentieth century has neglected, even scorned, Cooley, while elevating Langdell and Holmes: Langdell as the patron of the technographic profession trained by Hessians, and Holmes as the patron of a disengaged academic sub-profession. In the Jacksonian universe producing Cooley, there was little appreciation of the likes of either Landgell and his successors, or …