Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-08-20
LEGAL TRAINING.
An Interesting Paper Read by j.
Randolph Tucker.

Randolph Tucker.
SARATOGA. N. Y, August 2O.-J. Ran
dolph Tucker read an interesting paper be-
fore the American Bar Association this
afternoon.
In his paper before the section of legal
education J. Randolph Tucker of Virginia
considered what Is 1.-The Best Training for
the American Bar OF the Future, What
Shall the Schools Teach and How Shall
They Teach, and How Long Shall They
Teach?"
He maintained: First-That the lawyer
as a minister at the altar of Justice of the
ideal Jus, through the actual Lex. must
be trained to believe his employment Is q
public duty. primarily to God and his
country; not a mere vocation for private
wealth or honor: and that his functions
as lawyer or judge are to be performed
for the promotion of truth ard right, and
for the defeat of falsehood and wrong.
Ihis Is the primal lesson.
Second-The lawyer should have liberal
culture. Is there anything in philosophy
or science, in history or literature, he
should not know. in order to reach the
summit Of his noble vocation?
Thrd-As law Is an historic science, be-
cause every law system has had historic
development, the student must be taught
and should learn the history of legal
science; from It's ancient lard marks. along
the pathway of its progress to present con-
ditions. He should be taught and learn
comparative jurisprudence, thus broaden
ing views of his own by comparison
with others. and avoiding the narrowness
and error which comes from a too exclu-
sive consideration Of his own local polity
The interesting relation between the civil
law and the common law, which modern
investigation has shown to be closer than
at one time was supposed to exist: the
derivation Of much of the common law
from the reservoir of the Corpus Juris
Civilus and the reflex influence of the COM
mon law upon the code and practice of
the civilian in our own states; make 1t I'M
portant. and essential. where practicable,
that each system should be distinctively
taught In schools. where the other is the
main and primal subject of instruction.
Fourth-ConstitutiOnal law Is therefore a
special theme for the lawyer Of the United
States. for on the integrity and supremacy
OF these constitutions over men and states,
and governments, state and federal, de-
pend the perpetuity Of our Union, and the
security Of our liberties as men.
How shall he be taught? .
We must teach him to teach himself.
First-By the best text books. which
shall precisely state the law as 1t has been
settled by statute and adjudications. This
1 must think is best in the first stages.
Second-1n connection with this. lectures
full and free. showing the natural and
moral foundation for the principles, or the
historic origin of what Is arbitrary, and
may seem contrary to morality or reason.
l believe in lectures along with text
books; not on them so much as parallel to
them. and embodying the views of the
teacher and of other authors. The student
takes in by the spoken words Of a good
teacher what he never derives from the
written words of the best author. They
work we'll together.
Thirdly the use of cases, leading and
illustrative of the doctrine In hand.
AS a practical question. 1t may be lett
to the teacher to decide whether the study
of cases, SO admirably enforced on the
original suggestions OF the eminent Prof.
Langdell of Harvard, should be cotempo-
raneous with the study of text books. de-
filming and settling general principles. or
be deferred to quasi postgraduate course
at later period. '''-
In this broad and overwhelming field for
juridical duty in this country. SO urifc'fe
in it's political organism. and so closely
related to the worlds destiny, the teacher
must inspire the student with deep sense
of his duty tor full preparation for the i'm
mense work before him" .,-,---...
How long shall he study?
l conceds three years is better than two,
and two than one. / admit one year. two
years is too short a period for such a
course, nay, 1 would prefer four. five years
to three.
Mr.. Tucker closed by saying that while
urging longer course of study than one
year his efforts as a professor of law were
to lay foundation Of legal principles.
based on moral truth and leading cases,
such as put the student in condition for
such self-traiEing for life and insure to
him the eminent ability to fit him for the
most exalted duties of his great calling.
Such training, he said, had made the
great judges from Marshall to Brewer and
from Sir Edward Coke to Lord Russell"