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

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Appendix<br />

few <strong>of</strong> the deviations are large or likely to be particularly significant.<br />

34 Nor is this convergence particularly surprising. In respect <strong>of</strong><br />

pay, promotion, terms <strong>of</strong> service and in many other ways they have<br />

been treated much the same as other academics. 35 This may be a<br />

reflection <strong>of</strong> the broader thesis that since the Second World War<br />

nearly all major public changes and decisions affecting the discipline<br />

<strong>of</strong> law in universities have been much more part <strong>of</strong> changes in<br />

higher education than <strong>of</strong> developments in legal practice and the<br />

legal system. 36 By and large this evidence suggests that academic<br />

lawyers are generally integrated into the academic pr<strong>of</strong>ession.<br />

<strong>The</strong>re is clearly a need for further research into the academic<br />

legal pr<strong>of</strong>ession over and above the current work by Pr<strong>of</strong>essors<br />

Sugarman and Leighton. Becher and Halsey are almost unique in<br />

providing a basis for comparing academic lawyers with colleagues<br />

in other disciplines. Both samples are small and relate to different<br />

times (1980 and 1989) in a rapidly changing context. It is possible<br />

that by using a questionnaire technique that dealt with attitudes<br />

and context Halsey's work would tend to encourage convergence;<br />

Becher suggests that academic culture is fragmented, but this is<br />

related more to ideas.<br />

As Becher acknowledges, sub-disciplines may be a better unit<br />

for comparison than whole disciplines 37 (commercial lawyers, legal<br />

theorists and public international lawyers belong to different clans,<br />

if not tribes) and it is probably also the case that comparing lawyers<br />

with other applied or s<strong>of</strong>t disciplines would also be illuminating. A<br />

specific study would need an appropriate theoretical framework.<br />

This is clearly just a modest start.<br />

Notes<br />

1 For more substantial essays on academic lawyers see "<strong>The</strong> <strong>Law</strong> Teacher as a<br />

Superstar", ALLD and "Good-bye to Lewis Eliot", (1980) JSPTL (NS) 2; see also<br />

the ILC Report, op. c/fc, paras 217-37 and Chap. 4, n. 31-34.<br />

2 op. cit, at p. 30.<br />

3 T. Bergin, (1968) 54 Virginia L. Rev. 637; a useful survey <strong>of</strong> the American literature<br />

on the theme is Douglas D. McFarland "Self-images <strong>of</strong> <strong>Law</strong> Pr<strong>of</strong>essors"<br />

(1985) 35 J. Legal. Educ. 232.<br />

4 Above, Chap. 2.<br />

s Halsey's main sample was larger, but this was weighted and included Scotland.<br />

<strong>The</strong> population used here covers academics in universities and polytechnics in<br />

England and Wales. This is a preliminary analysis, comparing the responses <strong>of</strong><br />

law teachers (hereafter L) to the rest (hereafter R) in response to Halsey's questionnaire<br />

(Halsey's questions are referred to as q.1, q.2, etc.) which is printed in<br />

Decline <strong>of</strong> Donnish Dominion (hereafter DDD), Appendix 1. <strong>The</strong> figures are<br />

expressed in percentages, e.g. L 70 / R 65 means 70% <strong>of</strong> lawyers compared to<br />

204

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