Blackstone's Tower: The English Law School - College of Social ...
Blackstone's Tower: The English Law School - College of Social ...
Blackstone's Tower: The English Law School - College of Social ...
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<strong>The</strong> Quest For a Core<br />
a twelfth man) and has a balanced mixture <strong>of</strong> batsmen, bowlers,<br />
and a wicket keeper. One or two all-rounders are a bonus. <strong>The</strong><br />
standard <strong>English</strong> law degree has twelve subjects, spread over three<br />
years <strong>of</strong> study. 37 <strong>The</strong> original Ormrod formula listed five subjects,<br />
with <strong>English</strong> Legal System there sub silentio because it was an<br />
almost automatic selection. This was equivalent to allocating half<br />
the places to rather stodgy batsmen, leaving the academics free to<br />
choose the other half. Some law schools wished to make one or<br />
more other subjects compulsory: most commonly Jurisprudence<br />
(the wicket-keeper?), sometimes Roman <strong>Law</strong> or Legal History or<br />
Comparative or Foreign <strong>Law</strong> or even a non-legal subject, such as<br />
Economics. Other subjects were listed as options, many <strong>of</strong> which<br />
looked suspiciously like additional batsmen.<br />
<strong>The</strong> Ormrod settlement was subverted in a number <strong>of</strong> ways: first<br />
and most insidious was the "creeping core". <strong>The</strong> Bar and then the<br />
<strong>Law</strong> Society added Trusts in the seventies; recently they have<br />
pressed for the addition <strong>of</strong> EC <strong>Law</strong>, again without suggesting what<br />
should be dropped. 38 From time to time possible further additions<br />
were aired in England, sometimes because some senior practitioner<br />
had just come across a young lawyer who knew nothing <strong>of</strong> Mareva<br />
Injunctions or VAT or F.O.B. contracts. Equally important, most<br />
students would naturally choose options with an eye to their perceived<br />
vocational relevance, or to make life easier in their fourth,<br />
vocational year.<br />
Student culture made its own interpretations <strong>of</strong> the conflicting<br />
messages that would come down from the pr<strong>of</strong>ession on the practical<br />
importance <strong>of</strong> this or that substantive law subject or a European<br />
language or a knowledge <strong>of</strong> accounts. 39 By 1994 the de facto<br />
"core" effectively filled nearly two thirds <strong>of</strong> many curriculums and<br />
most students also chose vocationally "important" options. As<br />
staff-student ratios declined, more and more under subscribed<br />
options were felt to be in danger <strong>of</strong> being squeezed out; Welfare<br />
<strong>Law</strong>, Sociology <strong>of</strong> <strong>Law</strong>, Roman <strong>Law</strong>, Public International <strong>Law</strong> and<br />
Legal History were among those thought to be at risk. Meanwhile,<br />
in the "real world" new fields <strong>of</strong> law were opening up: Administrative<br />
law expanded in scope and importance; Restitution, Human<br />
Rights, Environmental <strong>Law</strong> and a host <strong>of</strong> other subjects attracted<br />
attention. In 1965 the inter-collegiate London LLM listed 30<br />
options; by 1992 the list had grown to nearly 150. 40<br />
During the late 1980s a new theme developed: skills came into<br />
fashion and lists <strong>of</strong> desirable skills grew exponentially. One symptom<br />
<strong>of</strong> this further pressure on the undergraduate curriculum is<br />
163