Blackstone's Tower: The English Law School - College of Social ...

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Legal Scholarship and the Roles of the Jurist perspective by which legal rules may be understood, and their application in particular cases evaluated and controlled; this type would include scholarly commentary on civil law, usually referred to as 'doctrine" n2 ; (c) "law reform research—research designed to accomplish change in the law, whether to eliminate anomalies, to enhance effectiveness, or to secure a change in direction" 13 ; (d) "fundamental research—research designed to secure a deeper understanding of law as a social phenomenon, including research on the historical, philosophical, linguistic, economic, social or political implications of law." 14 Types of legal research ACADEMIC Legal Theory Fundamental Research Methodology Conventional Treatises and Articles Law Reform Research /I—J PROFESSIONAL Source: Law and Learning, Social Sciences and Humantities Research Council of Canada, Ottawa: 1984. Any such taxonomy is inevitably crude, with many grey areas and borderline cases. But Arthurs used it intelligently to build up a revealing profile of the situation in Canada in 1980.' 5 The main 126
Legal Scholarship and the Roles of the Jurist findings were quite striking: 90 per cent, of the research of law professors involved doctrinal analysis, sometimes mixed in with some history or theory. Similarly 90 per cent, of monographs were found to be "doctrinal and theoretical" and over 50 per cent, of journal articles were doctrinal (indicating recherches ponctuelles?) with a further 18 per cent, being "theoretical" but essentially expository. Roughly 25 per cent, of articles in law journals were produced by lawyers outside the universities (including judges and government lawyers). The Arthurs Committee interpreted these findings to mean that the overwhelming bulk of research effort and publications was directed to what has been called "practical doctrinal research". 16 The second largest category, "law reform research", some of which was interdisciplinary, was also directed to the professional constituency. The main conclusion of the Arthurs Report was that the combination of traditional emphasis on exposition of doctrine and the gravitational pull of the immediate demands of a practice-oriented audience (including law students) had created a serious imbalance between fundamental and applied work and between research "on" law and "in" law: "Scholarly legal research, and especially fundamental and theoretical research, has been consistently undervalued by the legal community, and even by legal academics, whereas it has an essential contribution to make to legal education, to the legal profession and the practice of law, and to the evolution of law and society." 17 There is no study of legal research in England which is as comprehensive and as thorough as the Arthurs Report. 18 The available sources suggest that the situation in England in 1980 was already more diverse than it was in Canada and that the trend in both countries has, since then, been towards a greater emphasis on theoretical and interdisciplinary work and away from recherches ponctuelles. On the other hand, the general climate of opinion strongly favours applied research and this is reflected in funding policies for areas such as socio-legal studies, where a high priority is given to policy-oriented work and funds for "pure" or "fundamental" research are hard to come by. There is plenty of anecdotal evidence to refute the suggestion that what passes for "legal scholarship" consists almost entirely of expository works. Indeed, Arthurs' categories do not do justice to the remarkable diversity of modern legal scholarship. Every year I read dozens of annual reports of law schools, research proposals, individual resumes, periodical indexes, book reviews and pub- 127
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THE HAMLYN LECTURES BLACKSTONE'S
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AUSTRALIA The Law Book Company Bris
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Published in 1994 by Stevens & Sons
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TABLE OF CONTENTS The Hamlyn Lectur
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The Hamlyn Lectures 1962 Lawyer and
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The Hamlyn Trust The Hamlyn Trust o
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ABBREVIATIONS (a) The following abb
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ACKNOWLEDGMENTS In the course of th
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Preface There is an irony in arguin
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Preface Henry James' caretaker I wo
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Law in Culture and Society tures an
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Law in Culture and Society The Engl
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Law in Culture and Society by the I
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Law in Culture and Society narrow d
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Law in Culture and Society teric. T
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Law in Culture and Society have bio
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Law in Culture and Society lectivel
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Law in Culture and Society Snell on
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Law in Culture and Society cesses a
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Law in Culture and Society ated int
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Law in Culture and Society 3 Comm.
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Law in the Universities: The Histor
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What are Law Schools for? distracti
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What are Law Schools for? view of e
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What are Law Schools for? and prest
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What are Law Schools for? of legal
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What are Law Schools for? continue
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What are Law Schools for? 91. While
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What are Law Schools for? ibid. Cha
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4. Law School Culture: A Visit to R
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Law School Culture: A Visit to Rutl
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Page 100 and 101: Law School Culture: A Visit to Rutl
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Page 118 and 119: The Law Library A guide to the Bodl
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Page 124 and 125: The Law Library "A case is the writ
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Page 128 and 129: The Law Library are really primary.
Page 130 and 131: The Law Library "Is it not in the n
Page 132 and 133: The Law Library women and minoritie
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Page 136 and 137: The Law Library dence, Legal Histor
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Page 140 and 141: The Law Library tioners' works, alt
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Page 144 and 145: The Law Library 28 S. Chibnall, Law
Page 146 and 147: The Law Library which see the Prefa
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Page 178 and 179: The Quest For a Core somewhat diffe
Page 180 and 181: The Quest For a Core of the law, as
Page 182 and 183: The Quest For a Core content, it fo
Page 184 and 185: The Quest For a Core "Of course, la
Page 186 and 187: The Quest For a Core ive either ref
Page 188 and 189: The Quest For a Core worth remarkin
Page 190 and 191: The Quest For a Core In the late 19
Page 192 and 193: The Quest For a Core the vocational
Page 194 and 195: The Quest For a Core was essential
Page 196 and 197: The Quest For a Core riers" between
Page 198 and 199: The Quest For a Core new skills ort
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The Quest For a Core texts of their
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The Quest For a Core If I am asked
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The Quest For a Core Within the leg
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The Quest For a Core For example, w
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The Quest For a Core is a further a
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The Quest For a Core exposition of
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The Quest For a Core what and know-
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EPILOGUE Roland Barthes' marvellous
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Epilogue two reference groups who h
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Epilogue lent—tend to be excluded
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Epilogue Diversification might help
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Epilogue graduates will in future h
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APPENDIX English Law Teachers as Ac
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Appendix In respect of background,
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Appendix 65% of the rest. I have ma
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INDEX Academic ethic, the, 49-51, 5
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Index Kahn-Freund, Sir Otto, 105-10
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Blackstone's Tower: The English Law
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