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

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<strong>Law</strong> in the Universities: <strong>The</strong> Historical Context<br />

introducing a new note <strong>of</strong> vigorous intellectual ism into academic<br />

law. 31<br />

Thus on the surface the period 1945-60 was marked by steady<br />

expansion, but little intellectual ferment. Visiting Americans made<br />

unfavourable comparisons to their own law schools with varying<br />

degrees <strong>of</strong> diplomacy. 32 However, as with the university system,<br />

the seeds <strong>of</strong> change were sown. In particular, the legal pr<strong>of</strong>ession<br />

was expanding and more and more <strong>of</strong> those who had chosen to<br />

read law went on to qualify pr<strong>of</strong>essionally. <strong>The</strong> pattern <strong>of</strong> the law<br />

degree as the normal route <strong>of</strong> entry began to develop slowly. For<br />

many years solicitors' clerks had been able to study for Part I <strong>of</strong><br />

the solicitors' finals by attending lectures at an "approved law<br />

school", but as the university law schools focused more on undergraduate<br />

teaching, mutual dissatisfaction built up, and the system<br />

broke down, ending a long period <strong>of</strong> close association between<br />

the <strong>Law</strong> Society and provincial university law schools. 33<br />

Expansion also involved recruitment <strong>of</strong> more teachers. Most <strong>of</strong><br />

the next generation <strong>of</strong> academic lawyers graduated in the fifties<br />

and started teaching then or in the early sixties. A significant<br />

number had experience <strong>of</strong> American law schools or <strong>of</strong> teaching in<br />

Africa or elsewhere in the Commonwealth or both—experiences<br />

which opened their eyes to new possibilities. 34<br />

<strong>The</strong> Turbulent Sixties<br />

Euphoria, turbulence, and change mark the decade <strong>of</strong> the sixties.<br />

It is impossible in a short summary to do justice to the richness<br />

and complexity <strong>of</strong> the story <strong>of</strong> higher education in this period. <strong>The</strong><br />

most persistent theme was expansion. This is also the era <strong>of</strong> the<br />

Robbins Report, 35 the creation <strong>of</strong> the binary system (despite<br />

Robbins), the establishment <strong>of</strong> the Open University (which by<br />

arrangement with the London External Division did not include<br />

law) and, <strong>of</strong> course, student unrest. This period also saw a slow,<br />

<strong>of</strong>ten imperceptible, weakening <strong>of</strong> university autonomy, and the<br />

start <strong>of</strong> what Halsey has called the "decline <strong>of</strong> donnish<br />

dominion" 36 :<br />

Few academics saw the writing on the wall. 37 Stewart suggests<br />

that the keynotes in higher education from 1960-65 were "optimism,<br />

new ideas, expansion and opportunity." 38 To start with law<br />

expanded at a slightly lower rate than average, but in most other<br />

respects the story is similar to higher education as a whole, usually<br />

after a slight lag.<br />

31

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