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Full-Text Articles in Law
Transferability: Helping Students And Attorneys Apply What They Already Know To New Situations (Part 2), Edward R. Becker
Transferability: Helping Students And Attorneys Apply What They Already Know To New Situations (Part 2), Edward R. Becker
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Part 1 of this column (January 2019) described several ways that professors and supervisors can help young attorneys transfer their knowledge of legal skills and legal practice to new situations. The pedagogical techniques discussed in Part 1 look forward, helping novice lawyers make connections between what they learn today and how to put those lessons into play tomorrow. This month’s column changes direction. Successful knowledge transfer also looks to the past. When young lawyers and law students are introduced to what might first appear to be brand-new legal skills, their ability to quickly make sense of that new information is …
How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White
How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White
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I want to start today with an account of the way lawyers think and speak, and then ask whether it might be useful for the theologically minded to take these practices and procedures seriously as a ground of comparison from which to look at their own. In doing this I shall look at the practice of law with an emphasis not on its social effects or ethical difficulties but on the nature of the activity itself, viewed from the inside, asking in particular what kind of knowledge it requires and creates in its practitioner. What does the lawyer learn from …
Legal Knowledge, James Boyd White
Legal Knowledge, James Boyd White
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What do we know when we know the law? I asked a rabbi I know how he would answer that question with respect to Jewish law. Does someone know the law when he can repeat the rules that tell him what to do? Or when he can engage in the activity of reading them, separately or in conjunction with each other, and applying them sensibly to new circumstances? Is even that enough? My friend said it was not: he must know who he is in relation to the law, both as an individual and as a member of a people; …
Judicial Statesmen, John B. Waite
Judicial Statesmen, John B. Waite
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KNOWLEDGE of the Common Law "doth no way conduce to the making of a statesman. It is a confined and topicall kind of Learning calculated only for the Meridian of WestministerHall, and reacheth no further than Dover. Transplant a Common Lawyer to Calice, and his head is no more usefull there than a Sun-dyal in a grave." So an anonymous individual placarded England, some three hundred years ago, in protest against the election of lawyers to Parliament. It is unquestionably true, today, that knowledge of the common law-in its customary connotation of precedent--does not in and of itself make a …