Friday, August 18, 2023
Langdell And The Eclipse Of Character
Harold Anthony Lloyd (Wake Forest; Google Scholar), Langdell and the Eclipse of Character, 85 Pitt. L. Rev. __ (2023):
Christopher Columbus Langdell has not only damaged the study of law with his three follies: his legal formalism, his redacted appellate case method, and his notion that legal practice taints the professor of law. His three follies have also impaired character development critical for legal actors. This Article focuses on four such critical character traits and virtues impaired by Langdell: (i) imagination, (ii) empathy, (ii) balance, and (iv) integrity. Readers wishing to explore virtues beyond those addressed in this Article might note my earlier examination of the role of virtue in good legal analysis found here.
This Article also calls out potential character issues with two professor types inspired by Langdell: (v) the hazing professor who confuses intellectual rigor with intense discomfort and who uses the redacted appellate case method to inflict such discomfort at the expense of better pedagogy, and (vi) the professor without substantial practice experience who is substantially paid to teach what she has never practiced.
Agreeing with C.S. Pierce that the best argument is a cable rather than a chain, I end by weaving in a Langdell villanelle to supplement the prose. I hope such a cable can help lift Langdell and his follies from legal education and the world.
https://taxprof.typepad.com/taxprof_blog/2023/08/langdell-and-the-eclipse-of-character.html
