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

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What are <strong>Law</strong> <strong>School</strong>s for?<br />

At the time this kind <strong>of</strong> argument was unfashionable. "Development"<br />

was generally conceived almost entirely in economic terms<br />

and law schools were seen as institutions for producing lawyers,<br />

a low priority in the public service, and potential parasites and<br />

trouble-makers in the private sector. This somewhat idealised claim<br />

for the potential <strong>of</strong> legal education—the report was highly critical<br />

<strong>of</strong> much existing practice—could be brushed <strong>of</strong>f as special<br />

pleading by a group <strong>of</strong> law teachers.<br />

Since then the mood has swung to the other extreme in some<br />

circles. Under the slogan <strong>of</strong> "democracy, human rights and good<br />

governance" some Western governments and organisations such<br />

as the World Bank have placed law and the administration <strong>of</strong> justice<br />

quite high on the agendas <strong>of</strong> foreign aid and "restructuring". 35<br />

In my view, chapter II <strong>of</strong> Legal Education in a Changing World<br />

still contains the best general statement about the potential importance<br />

<strong>of</strong> law in society, the role <strong>of</strong> law schools and the values <strong>of</strong><br />

legal education. 36<br />

In the present context two passages are immediately relevant.<br />

<strong>The</strong> first, which has already been quoted in part, puts forward the<br />

model <strong>of</strong> law schools as multi-functional centres concerned with<br />

the study <strong>of</strong> all aspects <strong>of</strong> law both domestically and globally. Most<br />

<strong>English</strong> law schools are agreeably small and intimate by international<br />

standards, and few can hope to take on all <strong>of</strong> these functions<br />

on their own. <strong>The</strong> model, like the metaphor <strong>of</strong> <strong>Blackstone's</strong> <strong>Tower</strong>,<br />

applies to our national system rather than to individual institutions<br />

which are and should be quite diverse. In order to realise their<br />

potential, our law schools need to maintain a reasonably stable<br />

economic base. This will depend on their ability to provide legal<br />

education services for which there is a demand.<br />

Secondly, Legal Education in a Changing World summarises the<br />

general educational values <strong>of</strong> studying law as follows:<br />

"90. Typically, the discipline <strong>of</strong> law is regarded as part <strong>of</strong> the humanities.<br />

This is so because: (a) law covers so many human activities and<br />

relationships; but (b) it also deals with much the same phenomena as<br />

the social sciences and is increasingly informed by them; and (c) it is<br />

intellectually demanding—requiring abilities to draw from a variety <strong>of</strong><br />

sources in analyzing problems, evidence, and arguments to make careful<br />

distinctions and to handle abstract concepts; and (d) it is directly<br />

related to the world <strong>of</strong> concrete practical problems; and (e) it is concerned,<br />

as perhaps no other subject is concerned, with the practical<br />

operation <strong>of</strong> processes and procedures; and (f) it has a rich heritage <strong>of</strong><br />

literature, philosophy and historical experience.<br />

59

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