Morning journal and courier., 1881-09-16

Friday Morning, Sep. 16, 1881.
WHAT LAW SCHOOLS SHOULD BE.

WHAT LAW SCHOOLS SHOULD BE.
 Mir. Benjamin R. Curtis in letter to the
 Boston AdUertiser has something to say con-
 cerning law schools which will command gen.
 eral attention. Mr. Curtis raises the ques-
 tion whether the law schools do not devote
 too much time to theory Our law schools,
 he says, are indeed schools ;; and many of
 them primaries. Too much time is given up
 to abstract investigations and to laborious at
 tempts to reconcile the perplexing diserep-
 ancies of past decisions and too much iL-
 struction is given by those unacquainted
 with or no longer in active practice and at the end of the course the students are sent
 forth and are astounded to find that they do not know how to enter case or consult the
 docket. It may be urged, he says, that a readiness to act can be obtained only by ex- perience. But purely theoretical lawyer
 must either depend largely on others at the commencement of his practice, or must use his first clients as subjects, which is hardly fair to the community, but which is prob ably less disastrous from the legal than from the medical profession The majority of law school graduates have acquired no prac- tical idea of law whatever. Its application to the business of men, mingled as 1t is with all passions, and motives, and diversi- ties of mind, temper and condition has formed but 8 small part of their course of in- struction.'
 Instead of splitting hairs in lengthy de-
 bates as to swhether an action will heo in certain state of facts, Mir. Curtis thinks 1t would be more useful to suppose circum- stances where there could be no question of clients right to redress and then let the students find out what to do for him. He would also have as instructors emi-
 nent counsellors in active practice. On this point he cites the words of Chief Justice
 Shaw, written when the authorities of liar yard were anxiously seeking successor to the lamented Judge Story, and had decided to offer the vacant professorship to Rufus Choate, then at the height of his fame Judge Shaw said: ''It was the opinion of the members of the corporation that in ap- pointing instructors for an academical insti- tuition, designed to instruct young men in the science of jurisprudence, and in part to fit them for actual practice in the administra- tion of the law in courts of justice Gan opin- ion, believe, which they hold in common with many who have most reflected on the means of acquiring legal education), it is not desirable that an instructor in such in stitution should be wholly withdrawn from practice in courts. Law is an art we Il as science Whilst it has it's foundation in a broad and comprehensive morality and in profound and exact science, to be adapted to actual use in controlling and regulating the concerns of social life it must have it's artis- | tic skill, which can only be acquired by l habitual practice in courts of justice. man l may be 8 laborious student, have an in- | quiring and discriminating mind, and have all the advantage which library of the
 best books can afford, and yet, without actual attendance on courts and I the means and facilities which practice l affords, he would be little prepared either to | try questions of fact argue questions of 1 law The instructor, therefore, who to some extent maintains his familiarity with actual practice by an occasional attendance as an advocate in courts of justice, would be bet | ter prepared to train the studies and form
 the mental habits of young men designed for
 the bar"
 l Judge Curtis suggestions are valuable
 ones, and if they were generally acted upon | there would not be so many young lawyers l who use their clients as subjects" It is
 matter for congratulation that much practical work of the kind he approves is done in the l Yale Law School and that so many of it's in.
 structors are in active practice of their pro fession.