22.04.2014 Views

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 ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Epilogue<br />

two reference groups who had different sets <strong>of</strong> expectations: the<br />

legal pr<strong>of</strong>ession and the university community. It is only since the<br />

1970s that law schools have achieved both critical mass and sufficient<br />

acceptance within the academy to start to build the capacity<br />

and the self-confidence to set a more ambitious agenda both functionally<br />

and intellectually. This enormous and belated expansion<br />

has happened at a time when universities, the legal pr<strong>of</strong>ession and<br />

the legal system have all been changing rapidly in a relatively unfavourable<br />

economic climate. It is uncertain whether in the next<br />

phase law schools will consolidate, or expand further or retreat<br />

back into being very modest institutions with a quite limited role.<br />

<strong>The</strong> third characteristic <strong>of</strong> the modern law school is that by and<br />

large it has been assimilated into the university. As such its commitment<br />

is and should be to the academic ethic, that is to the advancement,<br />

stimulation and dissemination <strong>of</strong> learning, broadly conceived—what<br />

I have called know-why, know-what and<br />

know-how. 8 Academic lawyers conform quite closely to the pr<strong>of</strong>ile<br />

<strong>of</strong> academics in general; their duties are defined in terms <strong>of</strong> teaching,<br />

research and educational administration, and their career<br />

development is determined by standard academic norms. Like<br />

many other disciplines, law has been endemically introspective,<br />

with recurring debates about objectives, priorities, and methods<br />

and about the nature <strong>of</strong> the enterprise. Expansion has created the<br />

conditions for diversification <strong>of</strong> several kinds: subject-matters, clienteles,<br />

methods and perspectives.<br />

In respect <strong>of</strong> ideas there is a relatively new, and to my mind<br />

healthy, pluralism; to say that this is a house <strong>of</strong> many mansions, like<br />

most cliches is at best a half-truth, which glosses over the persistent<br />

concern to try to find a core to the discipline, or at least to make<br />

it more homogeneous. It is naturally tempting to try to subsume<br />

the discipline under some single conception <strong>of</strong> law as a system<br />

<strong>of</strong> posited rules or universal moral principles or problem-solving<br />

techniques or to make it a sub-branch <strong>of</strong> sociology or politics or<br />

ethics or theology. Such forms <strong>of</strong> reductionism appeal to some, but<br />

are unlikely to win a consensus in our post-modern world.<br />

Those who, like myself, welcome a degree <strong>of</strong> diversity are resistant<br />

to attempts to re-impose an old orthodoxy or create a new one.<br />

Yet there are genuine and persistent concerns about identity both<br />

on the part <strong>of</strong> individual law teachers and about the discipline as<br />

a whole—if we cannot claim a core, is there a sufficient sense <strong>of</strong><br />

community based on at least a family <strong>of</strong> concerns about disputes,<br />

order, problems, rules, values, concepts, facts, power, decisions,<br />

192

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!