Oak Street UNCLASSIFIED SUGGESTIONS AS TO ORGANIZING A LAW DEPARTMENT IN THE UNIVERSITY OF CHICAGO. ADELBERT HAMILTON, Instructor m the Chicago College of Law, Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/suggestionsastooOOhami SUGGESTIONS V Hr AS TO ORGANIZING A LAW DEPARTMENT IN THE UNIVERSITY OF CHICAGO. ADELBERT HAMILTON, Instructor m the Chicago College of Law* “ In any body of law we are likely to find certain ideas and rules that may be described as elementary. Their elementary character consists in this, that we must master them, if we are to make any further progress in our study; if we begin elsewhere we are likely to find that we have begun in the wrong place.” i Pollock and Maitland Hist, of Eng. Com. Law , 209. 798324 Copyright 1898 by Adelbert Hamilton. CHICAGO. BARNARD & MILLER PRINT. 1898. SUGGESTIONS, AS TO ORGANISING A UW DEPARTMENT IN THE UNIVERSITY OF CHICAGO. Dr. William R. Harper, President , University of Chicago. Sir: Concerning the organization of a law depart¬ ment for the University of Chicago, I have the honor to submit suggestions requested as follows: Any one examining schemes of instruction in law schools of the United States will notice their diversity and planlessness. Scarcely two agree even in general features. One begins with the “ History of a Law Suit,” another with “Elementary Equity,” a few with “Elementary Law,” and one with “Elementary Jurisprudence,” while by far a greater number begin with the law of torts and of contracts. Crimes, the law of carriers, of domestic relations and of pleading and practice form the first studies in still other institutions. No grouping of cognate subjects is apparent, no atten¬ tion seems to be given to the order of arranging studies. Matters of adjective law are intermingled with matters of substantive law. Topics which are dependent are often taught before the student is instructed in topics whose principles if understood render plain those which are dependently correlated. In seven or eight years of law school work, no scheme of law study has been seen by the writer which could justly claim to 2 be complete, well balanced, and thorough, to be ar¬ ranged with reference to the science of jurisprudence and to be designed to be taught in an orderly, logical manner by approved, well applied methods of instruc¬ tion. It is nevertheless the belief of the writer that there is a scheme of legal study which, if not the best, at least is superior in the following particulars: 1. Comprehensiveness of scope and thoroughness of detail. 2. A logical arrangement of studies conducive to economy of time and labor by the student. To attain these results the organization of a law de¬ partment in the University of Chicago should in my judgment be governed by certain fundamental ideas. I. THE DEPARTMENT SHOULD BE A NATIONAL SCHOOL OF LAW. This character is essential to enable the department to assume rank in accordance with the dignity of the University. Moreover, it will be a strong inducement to students in all parts of the country to avail them¬ selves of its privileges. And what is more material to present inquiry, the national character of the new law school will necessarily comprehend important ex¬ tensions of its work, as compared to that of other law schools, so that it may cover fully the field of law as administered in the United States. These extensions are in the subjects of pleading and practice, civil or Roman law and federal law. At present no law school 3 within my knowledge presents a scheme of instruction which if thoroughly studied will fit a student to practice according to any or all of the systems of procedure in vogue in the United States. The states group them¬ selves into two general classes: states adopting common law remedies and procedure and states adopting a codi¬ fied procedure. Both methods, with all their modifica¬ tions and peculiarities, ought to be taught in a national school of law. Again, a few of the states, notably Louisiana, and to a less extent California, possess sys¬ tems of law developed from the civil or Roman law as distinguished from the common law of England. In all of the states equity principles, the practice of courts of chancery, and legislation have been strongly influenced by Roman law. A national school should consequently teach the fundamental principles of Roman law as de¬ veloped in Louis^na, California and elsewhere in the United States where that law has been influential. There is further advantage in giving the school a na¬ tional character. It would free it from dependence upon any particular state. Believing that a law school should prepare students for admission to practice in any jurisdiction it appears to me to be a limitation of its purpose calculated to repel students if it is organized with reference to admission to practice in a specific state. I do not share the opinion that it is for the ad¬ vantage of a law school of high character to advertise that “ its diplomas given after two (or three) years’ study admit to the bar of Illinois” or elsewhere, unless it is designed by the management of such school to con¬ duct it as a local institution existing, as such schools generally are, mainly for purposes of revenue. There is not within my knowledge any state whose Supreme 4 Court has set standards for admission to the bar worthy of adoption or even equal to those of the better class of law schools. On the contrary the conditions pre¬ scribed by the State Courts for admission to the bar are often farcical in character and generally are inadequate testsof the qualifications of applicants (*) I I. THE SCHEME OF STUDY OF THE DEPARTMENT SHOULD COVER THE FIELD OF LAW. The curricula of most law schools are defective. In part this is so because suitable books have not been prepared to admit of the study of important topics. Another reason is that conductors of law schools are so largely practicing as distinguished from scientific lawyers; the former not being fully informed as to the field occupied by the science of law, while the (*) Examinations for the bar conducted in the past by the Ap¬ pellate Courts under the direction of the Supreme Court of Illi¬ nois illustrate the low standards set by this State for admission. It is within the knowledge of the writer that young men after from four to six months study have successfully passed the Appellate Court examinations for admission. It has been common for young men who have completed the first year of study in the in¬ stitution of which the writer is an instructor to pass their exam¬ inations in the Appellate Courts for admission to the bar. Recently somewhat more stringent rules have been adopted by the Supreme Court of Illinois and a Board of Examiners created. It may be doubted however whether such a Board will reach the standards set by the law schools. No ten dollar examination by the Board extending over a period of from one to three days and comprising a few questions concerning each of the subjects about which students ought to be examined can be a reliable test of the preparatory work done by them. Nor can the Legislature be expected to aid in raising the standard for admission to the bar. During a recent effort to secure through the Legislature an extension of the period of study to three years it developed that most of its members were of opinion that a certificate of good moral character was all that was necesary to qualify for admis¬ sion. With such views not much for the advancement of the standards of legal education can be expected from legislative bodies. The real agencies to do this work are the higher class of law schools. c 57 P Hamilton, Adelbert. guisestions as to organizing partment in the University o, 1P9P. a law de Chicago. ITS 5 latter, although better informed of the boundaries of the law, are not in positions of control which enable them to supply defects in the courses of study in the in¬ stitutions with which they are connected. The principal matters wherein the work of the law schools is defective are the following: 1. In teaching of the art of practicing law. Forex- ample in no less an institution than Harvard Law School the art of practice see£ .> to be almost wholly neglected. I am informed that Harvard presents but two minor courses in practice; one conducted with reference to Massachusetts and another with reference to New York State. My observation is that one of the most import¬ ant demands made by students of law is for instruction in practice and that not with reference to any one or two states but throughout the United States. Students de¬ sire to know where they can be taught such methods as will enable them to enter upon the actual work of their profession in any state where American law pre¬ vails. To be of genuinely national character the law department should meet this need. 2. Certain departments of law are either not taught at all or are defectively taught because they have not been, so to speak, hewn out of the rough materials of juris¬ prudence and erected into a clear, well defined body of elementary law suitable to be taught. There does not exist in reference to these topics a literature for the use of teachers and students. Take for example the subject of administrative law—by which I refer to those princi¬ ples constitutional, statutory and unwritten which regu¬ late the performance of the functions of government by its officers. This is a body of law of importance as to which I know of no book treating in a manner suitable 6 for the use of students. An instructor in administrative law may teach the chapters in Blackstone’s Commen¬ taries on sheriffs, coroners and some other minor officers of England which have been adopted in the various United States, but the treament in Blackstone is utterly inadequate. From the President of the United States and the Governors of the various states downwards are lines of administrative officers exercising important functions and possessing many powers and duties de¬ fined by constitutions, statutes and a mass of unsystem¬ atized decisions of the courts concerning them. There are in the Illinois statutes alone about thirty heads of provisions relating to administration of the government. An elementary work of reasonable size would require from six to ten chapters for treatment of this department of law. We have no such work and no single book covering this topic. It must therefore be studied, if at all, in fragments scattered through con¬ stitutions and statute books, decisions of courts, parts of text books, or in some text book so overloaded with details relating to other topics as to be wholly unsatis¬ factory for the use of students. Similarly with reference to the law of remedies: We are compelled to study remedies in the same fragmentary way for the lack of suitable books. We are teaching in the law schools the use of about twenty well known common law or equitable remedies, while in Illinois alone the catalogue of common law actions, equitable suits and statutory proceedings numberSnearly seventy- five separate remedies. The list would be considerably augmented by examining the law of remedies in other states and in the federal system of law. The foregoing are by no means all of the defects in 7 the system of legal study now in vogue. They are suf¬ ficient however to emphasize the need of insisting that in preparing a new scheme of legal study care shall be taken to make it comprehensive enough to cover fully the field which it assumes to occupy. III. THE DEPARTMENT SHOULD ADOPT APPROVED METHODS OF INSTRUCTION, TAKING CARE, HOWEVER, TO USE THEM IN THEIR APPROPRIATE PLACES WITH A VIEW OF PRODUCING THE BEST RESULTS WITH THE GREAT¬ EST REASONABLE ECONOMY OF TIME AND LABOR. At present there are three methods of instruction in vogue, namely, the “ text book method”—by which is meant the study of text books and the practice of recit¬ ing from them in response to “ quizzes” regularly con¬ ducted by competent instructors. The next method is known as the “case method,” by which the text book, although not discarded, is subordinated into a reference book, the student giving his efforts to analysis of actual cases exemplified by decisions of the courts. The third method is through the medium of lectures on legal topics. In my judgment each of these methods possesses certain advantages as well as disadvantages. No one of them is suitable to be adopted exclusively in any school which aims to do the best work with students. There are times also in the education of the young law¬ yer where the use of one method is preferable to that of another. The text book method possesses the advantage of presenting the law as a comprehensive whole to the mind of the student by whose reading the legal fabric is as it were passed before his eyes to be rapiply 8 viewed objectively. If the fabric of the law may be compared to a building, the study of it through the text book is like placing the observer at a point of view that will enable him to perceive its architecture, the materials which compose it and the details of its structure. This objective way of looking at the entire fabric of the law is speedy. Students quickly learn many legal principles which, guided by good common sense, they apply to simple cases with facility and ac¬ curacy. But it may be truly said that the study of text books is principally a memory-operation by the student. Incidentally some discipline in the application of prin¬ ciples to cases and in the analysis of legal problems may be acquired. But the main advantages of the text book method are those derived from the rapid, objective survey of the law and the memorizing of its fundamental principles. The second or case-method is calculated admirably to supplement the text book method. Precisely where the text book method is weak, viz., in disciplining the mind to analyze legal problems and to apply to con¬ ditions of facts their appropriate legal principles, the case method is strong. It cultivates analysis and trains the mind of the student into habits of logical legal thought. But it has the disadvantage of being a slow method. No student has time enough to study an adequate number of cases to give him a comprehensive, thorough grasp of the fabric of law in its entirety. Following the simile of the building it may be said that studying law through cases is like studying a building by moving along six inches from its walls and examining in detail every brick and stone in them. Undoubtedly conceptions of the entire 9 fabric can eventually be derived in this way, but the method involves too much detail and too little oppor¬ tunity to view in perspective the whole to recommend it as an exclusive method of study. The lecture is not only a useful method but one abso¬ lutely necessary under the conditions which confront legal study. Until proper books have been written for the use of students the only logical, coherent method of presenting topics of law that are wanting a college lite¬ rature is by a series of lectures. Observation leads me to believe that the lecture needs to be supplemented by the note book of the student and the “ quiz’ ’ of the instructor. Students claim, and undoubtedly think, that they learn a great deal from lectures. They are often enter¬ taining, but, while requiring attention from the student, exempt him from actually doing any hard thinking about them such as would be required in response to a “ quiz’ ’ or in the work of analyzing cases. I have repeatedly tested the results of lectures by a “quiz” based upon them, made one or two months after the lecture was delivered, and have invariably found students weak in stating the substance of the lecture. It seems to fade from their memory in a short time. Therefore I insist upon the using of the note book and “quiz” to fix the substance of the lecture in the mind of the student, and except as a supplement to supply information which cannot be presented to the student either in the form of text books or of cases the lecture system does not commend itself to me. But in its necessary field it should be made available. In connection with lectures there is an historical method of instruction which I esteem of great value in the teaching of law. I do not here allude to IO lectures merely presenting chronologically a series of historical facts. Lectures of this charatcer are not satisfactory in teaching law because the lecturer often appears to care more for history than for law, or for the connection between law and history, and makes the lec¬ ture simply an array of facts. So far as the law is con¬ cerned knowledge of an historical fact is of no special value except as a premise for some legal deduction or as an illustration of the growth of some legal or consti¬ tutional principle. The whipping of Titus Oates for perjury in disclosing Popish plots, taken alone, is a mere incident in English history, but if the lecturer will connect that incident with the constitutional principle to which it belongs, namely that no person shall # be subjected to punishments that are excessive or cruel then the incident is perceived to have been preg¬ nant with consequences and to have contributed to the establishment of a constitutional principle whose mean¬ ing it illustrates and emphasizes. Insisting therefore that the teacher of legal history shall connect his history with the law upon which it bears I am of opinion that great service can be rendered by methods of instruction which shall be partly historical and partly legal. My opinion is that such teaching would of necessity be largely through the medium of lectures supplemented by original work on the part of students. The lectures should be topical, taking for example a constitutional principle such as that just formulated and tracing that principle back through every accessible state docu¬ ment in which it appears, showing its various forms and putting before the student the historical incidents orig¬ inating the principle and contributing to its modifica¬ tion, enlargement or other form of development. By this method of historical teaching the principles studied would become fixed in the memory, their meaning and application greatly enlarged, and the mind of the stu¬ dent enriched with historic illustration. These considerations lead to another suggestion: Orig¬ inal work on the part of the students as well as by the faculty. I know of no department of learning that offers more opportunities for original work than the study of law. The preparation of historical lectures such as just mentioned may well enlist active students in the col¬ lation of historical information cognate to principles of law. The gathering of materials for the proper present¬ ation of those topics of law as to which we need text books may also profitably occupy the time of students. Likewise the drafting of plans of statutory consolida¬ tion and revision, the framing of proposals for new legislation and for constitutional revision affords a wide field for original work, not alone of advantage to the students and the school but of public value. A proper course of instruction in a law school should con¬ template such and other original work. IV. THE FACULTY OF THE DEPARTMENT SHOULD BE COM¬ POSED MAINLY OF MEN WHO GIVE THEIR TIME EXCLU¬ SIVELY TO TEACHING LAW, BUT THEIR LABORS MAY WELL BE SUPPLEMENTED BY JUDGES UPON THE BENCH AND LAWYERS IN ACTIVE PRACTICE, ESPECIALLY IN THE DEPARTMENT OF ADJECTIVE LAW AND IN CERTAIN SPE¬ CIAL BRANCHES OF LEGAL STUDY. Broadly speaking there are two great departments of teaching in a law school. One is the teaching of the science of law and the other is the teaching of law as an 12 art of practice. The science of law, particularly that department known as substantive law, i. e., the law of rights as distinguished from adjective law or the law of the methods by which rights are asserted is a tolerably definite field of ascertained, fixed law. The English law of rights has developed so far that its fundamental prin¬ ciples are not subject to sudden or great changes. Where the principles of law are thus settled I am of opinion that they well may be, and should be, taught by men giving their entire time to them. Moreover, the employment of such a body of men in the faculty is con¬ ducive to the highest success of a law department be¬ cause they are free from the cares of practice and have no interests which conflict with those of the school. My observation is that in many cases where the practi¬ cing lawyer is at the same time a teacher in case of con¬ flict of duties the school is sacrificed to practice and the work of the teacher is rendered fluctuating in quantity and uncertain in quality. In teaching the science of law and in administering the affairs of the law school I incline to the opinion that the instructor who gives his whole time to college work is to be preferred. I cannot say, however, that in my observation such men are as a whole better teachers than instructors who are either on the bench or in practice. Both classes contribute men who are and who are not qualified for the duties of their office. Where a judge or practicing lawyer is really in¬ terested in teaching and brings to his work natural apti¬ tudes as an instructor, he makes a teacher of the very first rank. A judge or an actively practicing lawyer who is a good teacher is sure to be one of the best. More¬ over, a great law school ought to keep closely in touch with the highest, best spirits of both the bench and the 13 bar. If I may venture criticism of so admirable an institution as Harvard Law School it is that since the days when Story, Greenleaf and Washburn were connected with the school it has lost touch with great leaders among jurists and lawyers. I believe this loss is real and that as between two law schools, one like Harvard, where nine of the ten men in the fac¬ ulty give their time exclusively to teaching law, and an¬ other school where instruction is in charge of persons ex¬ clusively teaching law but whose work is supplemented by that of an able corps of instructors drawn from the bench and from the ranks of active practitioners, stu¬ dents may well prefer the latter institution. If well se¬ lected such men give distinction to a school. There are also qualities in the personality of the judge and the practicing lawyer that are of value to the student and which are not possessed ordinarily by pedagogues. Moreover instruction given by the judge or by the law¬ yer at the bar will be illumined by examples of practical experience which will be of inestimable value to the stu¬ dent. Especially will this be true if, as in my judgment it should be, the employment of members of the bar and judges upon the bench be in connection with the teaching of adjective law. Adjective law embraces the subjects of remedies, pleading, evidence, practice at the bar and procedure by the courts. These subjects in¬ volve matters that are often arbitrary in character, pe¬ culiar to local conditions and greatly affected by daily practice in the law offices and in the courts. The intelligent lawyer, or the judge upon the bench, coming from daily actual contact with affairs of litigants and familiar with the methods of practically administer¬ ing remedies will be able to give to students information 14 which the mere pedagogue does not know. Practicing law is a living activity subject to constant change. There are, it may be said, fashions in legal practice. There are changes from year to year in the character of busi¬ ness done by lawyers. The services of the active mem¬ bers of the profession are needful to give “ up to date” instruction in these matters of practice, with which the pedagogue-lawyer not coming in daily contact will be unable to teach. But if accomplished lawyers, eminent judges and distinguished statesmen are admitted to the faculty it should be only upon the rigidly enforced condition that they actually teach. Their connection with the school should be not merely nominal. Some years ago an energetic, capable gentleman assumed direction of the law department of a well-known University. He trans¬ formed it from a revenue school to an educational in¬ stitution, putting in the places of a superannuated, mer¬ cenary faculty capable instructors whose labors were ad¬ vertised to be supplemented by an array of distinguished lawyers and judges. But the array of distinguished names amounted to no more than a false pretense, for the men never did the work they were advertised to do. The result is the school has receded rather than ad¬ vanced from the high position its re-organizer assumed. The example is not one that should be imitated. Not only should every member of the faculty actually, conscientiously participate in its labors, but their work should accord with the scheme of study and methods of teaching adopted for the department. Any other prac¬ tice will be sure to lead to a want of harmony calcu¬ lated seriously to affect the results of students’ labors. To produce harmony and effectiveness in the work i5 should be the business of an executive officer of the de¬ partment having directive authority with reference to its faculty. In most schools this officer is the “ Dean,” an office which appears, however, to be more an honorary dignity conferred upon the oldest member of a law faculty than a position with duties attached to it. I would suggest that the office of Dean be not adopted and that in place of the “ Dean ” a competent “ Chair¬ man of the Law Faculty,” equipped with energy and authority enough to conduct successfully a University law department be appointed. V. STUDENTS SHOULD BE REQUIRED TO GIVE THEIR ENTIRE TIME TO THE LAW DEPARTMENT THROUGHOUT THEIR COURSE OF STUDY. The reason for this requirement is because of the magnitude and difficulties of the task of mastering the legal field. It is a prevalent notion in some localities that a man may make himself a lawyer incidentally to the business of book-keeping, stenography, selling goods, running a foundry, laying street-car tracks, and other similar occupations. It is true that many men so occupied may and do memorize a good deal of law— enough to admit them to practice before lax, illiterate courts. But any one in position to compare the work of the well-trained lawyer with the qualifica¬ tions of these men cannot but observe the deficiencies of the latter in grasp of legal problems, in their analy¬ ses, in resourceful solution of them, in reliability as counsel, and in capacity as attorneys. It is to be re¬ membered that the education of the lawyer is not so i6 much in memorizing legal principles, as in training the mind in the exercise of certain legal faculties. This training is not acquired, cannot be acquired merely by reading and reciting law. Something more is needful. The law must be applied to actual legal problems. This involves thought, analysis, logical ap¬ plication of principles, all of which requires time. Re¬ peatedly do I find in the actual work of teaching that from one to two hours may profitably be spent on a single decision of case-law. With many years’ experi¬ ence I am unable to digest to a stenographer more than an average of ten cases per day. This is the work that really trains the mind of the student into legal habits of thought. It is not mere memorizing of texts in order to respond to “ quizzes” and it takes time. Properly conducted the work of a law school will re¬ quire the full time of the student who seeks to be trained up to actual standards of practice. If he does the work he will have no hours that can be given to ac¬ counting, merchandising, or street-carring. That pro¬ verbial jealousy accredited to the law as a mistress is as applicable to the student as to the lawyer in practice. Several difficulties arise in connection with the fore¬ going requirement; one is lack of means. Many men are required to earn their living while studying for the bar and feel unable to give all their time to an institution of learning. The difficulty here is real and ought in my judgment to be met so far as practicable by the Univer¬ sity. There are about any great school many opportuni¬ ties to earn a living. Some money may always be earned in a University by the student who desires it. A liberal endowment could moreover provide scholar¬ ships to compete for which only those needing them 1 7 should be encouraged and which when secured may be a substantial aid in maintaining the student. Again the student may be compelled to withdraw from the institu¬ tion to earn money by teaching and otherwise during a limited time after which he returns to continue his studies. By these means a student may carry himself successfully through a school, but I am of opinion that it should insist upon having his whole time and efforts while enrolled as a student. Should students enter law offices while connected with the law school? This is a course often adopted because it affords an opportunity to earn a small compensation in many cases and because of the advantages it affords in teaching the student many matters of practice he must eventually learn and which are not so quickly acquired in a law school. I am alive to the value of the practical work of a law office in training for the bar. It is my judgment that every young man can well afford to give at least three years to the practical duties of a law office. I believe however that time spent in a law office should not be the period of law school attend¬ ance. Until students have gone through the law school they are of little or no value in any law office. After they have completed their law studies in the school they are of some value in an office. Entering into it rather late in their novitiate they are better prepared to per¬ form its duties. It is, in my judgment, a mistake to en¬ ter too early into the practical affairs of litigation. Stu¬ dents are not qualified for the work of litigation during their law school novitiate; moreover they are ordinarily too immature in years to enter offices. The practical duties of the lawyer and his assistants are peculiarly based upon confidence to secure which a certain ma- i8 turity of age is requisite. Nine out of ten students are too young to be entrusted with business either by their professional seniors or by clients. In a city like Chicago hardly earlier than the age of twenty-five may a lawyer reasonably expect practice. Students can afford to wait their completion of studies in school before seeking to enter offices. If they will so wait they will enter bet¬ ter prepared for the duties of the place and find their progress in learning practice more rapid and thorough than it would have been had they entered at an earlier time. OUTLINE OF STUDY. The scheme of study herewith presented is divided into four departments and is analytic rather than syn¬ thetic. It proceeds from the general to the particular. First the student is given a survey of the legal field through the medium of legal grammar or jurisprudence. Next the survey is particularized slightly in a course of elementary law wherein the three great divisions into International law, Public Law and Private Law are sub¬ jected to an elementary analysis calculated to familiarize the student with the principal topics of law, its nomencla¬ ture, definitions and principles. Secondly the course of substantive law carries the student into details of sub¬ stantive legal science. Finally the course of adjective law and the special courses are designed to train the student in the science and arts of general practice, and special work. Many reasons for the adoption of the analytic method will occur to the practical educator. It is objective rather than subjective; it presents law as a complete fabric external to the mind rather than as a structure to be built in the mind by a process of examining in 19 detail the materials of the law and upbuilding them. Synthetic methods fail to make use of the immense amount of valuable legal analysis contributed by the sages and masters of law in the past, and synthesis does not so well as analysis admit of the selection of important topics of law for special study. There is economy of time and labor by adopting an analytic in preference to a synthetic method. The jurisprudential scheme with reference to which is arranged the outline of studies following is that set forth by Professor Holland in his admirable “ Elements of Jurisprudence.” The test of completeness of the out¬ line is its accordance with his work. This test dis¬ closes some defects and redundancies—but these are less in number and importance than in any other outline I know, and until a series of texts have been specially prepared for law school work slight defects and redundancies must exist in any outline of legal study that can be framed. Text books have not been written with reference to scientific courses of study—and the nature of legal science precludes forcing it into the form of any present series of legal works. The only way to bring about an agreement here is to prepare new, better adapted texts to use in place of most those at present at hand. The four departments into which the scheme is divided are: A. Jurisprudence and Elementary Law. B. Advanced Jurisprudence and Law (Substan¬ tive). C. Advanced Law (Adjective). D. Advanced Law (Masters’ Course and Special Studies). 20 The covering of these departments of study by the student is designed to be compulsory or optional ac¬ cording as the student desires (a) a certificate of certain studies pursued to enable admission to the bar of some court, (b) A diploma conferring the degree of Bachelor of Laws, or (c) a diploma conferring the degree of Master of Laws. i .WAJ YHATM3K aBULATIO-n I un 3 'tlwrft. - :o hy A ; m h^Urtioq 'i ot no/j-n ..s-m : : ■>borfiom odT V'i bciybl ia -food ?; ft \" ; -a ■ kl'oUtl^qob aidJ si tf ' l-.:.••• ! dir* ^ysfiooi vF:f* 1 => -j it > • d d • :hv • b©ngi' -b tvii orii IT r O*3 ot ;>i O'-.., ; oilT . to 7 jjoV inod-: n ; 1 *.-•» I: * Hi vft .*// -sis rr <'. jnobnte sib; .* d; j bix: . ndtiorri >;niiiib f wisl 5o 'Mod sift n. y>-'iif8' yiidnom Hi .ftrrqot -feil-Ji r :-IiX[ t.li.dl v.sm M?{ iloiftv/ -iiniot biiir&ftjfou’hq ’ MiuHm.ftbni.ii' .anoitinnob trrobnie odj.ii rt^i/orio ■ bombsbd^f tf .v«of«»n aosiiomernwdf silt to 3 dism-Mod odt Hovroado ' -os bfri? 'P4lqibnhq bnn arroibrd. •?> •••nib. oi - d :d: ; ' '• - i . '.&>*.&} siqfflii Ot IT* :.} KOflqCffi bill? .ailtiro ii'ruo'i ( on:iT to show txH j? -?.i v/rd viutaonjsb) io j *7t> rii si >!io/y dona oK .asranfov mot i; . . . ■ u bonis iud r.‘:; / to uoiiibtocn ad; lot ti ! obi ornooud aini diov/ e'onotadoH d d, dt.nia isirodo.rribifti io tnomcjafevsb odi ban ,oiol ■v. i1 1 .;. .t': dii otsvhq to bns WjsI odd-:;; to ■• - ■' j • ■I ' )t 8 £ .j t rnerf f nortr,oitibc- » His yii:;py ot 9 nt/mioi doow rt OitototloslS iobnoi ot ?.n t£9i> OR - wsir J3 litnU .sen tasssiq not o/itoolob ,i> b'rvoiq at blsft odt iovoo ot •Ji/supohi? ; ot ifiitojia urrot £ sdst lanrn ti rri [loiioir -ift 1 s .noilfc-indat out ni boiaoibui o> w . »» »» 897ntD9wI .txot yifitfismob oVi.. . 89toa 97Ut09J .soiniosi io toton :.** .y7£38999n ii u n )i > i ii VI. . i .. • 1 ?n . :* \t L * .... . • . Rights. | i\. in uui •♦••«••• Excrcis© of Ordinary It.qbts, ,tef f aoijonLo7tnI a’snotssTofilS.. .dood txsT Iii .dood 'f.-i- .?.* -siqqi/g—eornulov bib bri£ bnS: Hi dits A : Ex 1 e, . esintpol yd trism \ vni. “ Ex Contractu, AI . i A« \ X *09J .dooa txot yxGtffsffisIo oVI.. . .89ton 97Ut09J. .eoantool to *oton J> .77£38909n S97Ijt > i . « i; ii * • it'; • * ** a smoe 3£fi dooH bib 8 r 9nota>Io£lH , 2 oiqot saodt no isttcrn oldfinlBv hen. TABULATION I to accompany suggestions as to organizing a Law Department In the University of Chicago. By ADELBERT HAMILTON. Department A. JURISPRUDENCE AND ELEMENTARY LAW. The method of instruction to be pursued in this department is by text book study and by lectures with note books and “ quizzes.” It is not designed to introduce thus early the study of cases. The purpose is to cover the work of this department in about four months, and to give the student an ele¬ mentary survey of the field of law, during which he may learn its parts and topics, its definitions, fundamental principles and termi¬ nology. It is deemed enough if the student observes the land-marks of the law, memorizes its leading definitions and principles and ac¬ quires an understanding of their plain mean¬ ing and application to simple cases. Time, four months. Subjects. Topics. Taught by. Study. The term jurisprudence is not here used as synonymous witli law, but in a narrower sense as meaning the science which reduces legal phenomena to order and coherence. In this sense jurisprudence stands to law in much the same relation that grammar does to lan¬ guage. The reasons for studying jurispru¬ dence in connection with law arc analogous to those which sanction the study of grammar in acquiring a language. They are to aid the stu¬ dent in learning the component elements and the sources of laws, the various classes of laws, and the modes in which laws are formulated and systematized. This department comprises, besides juris¬ prudence, the three great subjects, interna¬ tional law, public law and private law. Al¬ though the treatment of each subject is ele¬ mentary it should be thorough enough to stand the scientific test of completeness, that is, it should show each of these three subjects in the eight jurisprudential aspects which legal rights present, viz: as substantive, adjective, antece¬ dent, remedial, normal, abnormal, in rem and in personam. These eight aspects of rights are apparent enough in the great subject of private law, but are not so apparent in the less developed topics of public law and interna¬ tional law. It will be observed, in the tabulated scheme following, that recourse is had to various text books which are designed to be supplemented by lectures. This has been done of necessity not by choice. What is needed for the depart¬ ment of elementary law is a text work of about four volumes. No such work is in ex¬ istence. Blackstone’s splendid Commentaries provided it for the conditions of 1705, but since then much of Blackstone’s work has become obsolete, and the development of international law, of public law and of private substantive law with reference to that abnormal person, the corporation, and of private adjective law with reference to equity and codification, has been so great as to render Blackstone’s work very defective for present use. Until a new work adequate to cover the field is provided, instruction in it must take a form similar to that indicated in the tabulation. With a dili¬ gent faculty the necessary volumes could be prepared for the use of students in one year. A. Jurisprudence. . I. Elements of Jurisprudence. B. International Law. . I. II. International Persons, Antecedent International Rights, III. Belligerency, IV. Neutrality. Recitation from book. Textbook.Holland’s Jurisprudence. Woolsey on International Law. C. Public Law. I. Constitutional Law. II. Administrative Law. III. Criminal Law. IV. Criminal Procedure. V. Law of the State as a Juristic Person.... VI. Law of Procedure by or vs. the State_ notes of lectures, book. notes of lectures. Lecture notes.. Text book. . .Black on Constitutional Law. I No elementary text book written. I Lectures necessary. ..Washburn on Cr. Law or a selected State Criminal Code, e. g. of Illinois. Lecture notes-No elementary text. Lectures necessary. I). Private Law. Jurisprudential Aspects of Rights. In rem Substantive. • Antecedent. [ Remedial In personam.. Normal. Abnormal. I. Personal Safety, II. Family Rights, III. Right to Reputation, IV. Exercise of Ordinary Rights, V. Proprietary Rights, VI. Immunity from Fraud, VII. Rights Arising Ex Lege, VIII. “ “ Ex Contractu, IX. Natural Persons, X. “ “ Under Disability, XI. Artificial Persons, XII. Remedial Rights. f I I. Jurisdiction, J II. Courts, III. Remedies, | IV. Pleading, V. Evidence, VI. Practice. J book. Textbook.Blackstone’s Introduction, 1st, 2nd and 3rd volumes—supple¬ ment by lectures. notes of lectures. Lecture notes....No elementary text book. Lec¬ tures necessary. Blackstone’s 3rd Book has some valuable matter on these topics. Copyright, 1898, Adalbert Hamilton. cm:! ot io .pidyU Inxios r; q 1oiohojj, o.it ajoj^J :-!■■; ••■ '• 1 ->■ - '-•' v.iui od <.J boiqiaob sir; io-ndy? oxlito -olqioiu/'; ■ o'jjj V.r-.Mlaoo lo. abnul 'i-dr ■ ihnq or ■. -noo to tooidos lx: :-j •' • ->ri.t f .,i .*• :bo; -Io’* tJonii si doidw 'V.oir ? obocmq r. , M lo r^oiaodW xifij.yd omoxjoa pd) an fcsvqjl -do '.<•I lira II .qidsiottfLBq to wrd nit tnxiw "to f -iwftjiH tuoxnrtn.qob aidt ifuli bov- Led sd njBo /ad) iiinU ,3*dood J : >i 9ld,,»;. : i.qo'^'jo boHqqns o "rirliiO -art:o ; :'>di ' 1 : : .893£3 boioota* b«£ SOlXJtOof V <>’ vlodil - dr tel bn*: txvyi 7)009 Ot 0011979*9*1 dtiv; ' : ■; ’ ni gum/t infr/oij7K({'yniim "i-< .*■ inr-i • • ••/bn! ?, .93a£Tu?rrr .-atnocnJi . i ' ’' T ' >n , ■: m j 79x110 . i‘j . -■ ■ • ■ I odi dord // rrl 79boo srlt i*ril oo: \ > £ od.fi GI ot 3.0 t foi.tr. , O. . r 7 : r. ’- ” ! si tfiilt 9110 ybi/ts iii tJo'Ov; d: -ionhq orit ofqro i ' i . t; ;; ; •od tdgirfit r d to t yt79qo7q to v/j:i odi i . 7 l>iit 2 .yd ttl^iinT -be brio yields itfi ' • , 93 a 9 bu 7 q 3 hnl a'bmslioH sabifloai iBimrimjj. l££9i b9oa£V 79 dto baa uxifidbmH molt stqiaoxa .©oaabmqr i :.}[ p.'ititauA bon 893£0 svitmtsolli to iioitjollo^ £ JoeAinh 3:It no adiow .S 97 ut 09 l Y'i£ta9m9lqqua bus .aatutfita yiaijoitiiarjeuoD "ii riemmo r- br^sl io donobniq^-r u[ ui m odT •^fiiv/’ollot od) inobrjia odt ni aouboiq bluoti : ,tr.ro bo how to ointnn odt to o^bdlwonsl ovraaatlo'iqrnoD A . I : dlrtaoi .£ ,sti£q aucrinv nfi IIk rir wr.I Vo bbd od) to bii£ v/d -tomta liaiit { noinaotoiq inysl odt to aloot adt toa^boJwon/l to sabdiwoai ifiOitOBia .8 .8980 !)fu; 8tOOd8»79dw ,970 , • I; eiodadduq v/kI ritrv/ tn^ftivolqms dooa ofcfcwqxo •. .a 980 9dt ni 9gb9lv/0£I>l [j.OftOB l'i A .89317793 dona p ai'i i?.ob .oioJmotil l£^ »l to ot 89 totfita brio aoitBdii ,aoa£o bri£ w;£vl ^BJvd^uiatal na xuioIO .diow 98£3 bn£ uort£tio •rsioo.oi hoW .. ino.bota V '8o lur b^tnhq ban i- 0 ) 09 x 93 od * sd ot uoilBnnotiii Ij i >9V : vd ! .d.ionialqtjua ,oirt£a to noia .lotomteni vd 119713 IfioiqyT ,noilothauo'Jvt ,'J /:j>> bniij b^nodotiiaucO O ' yolooJ .ao8£t> b 9 iboIoa'bn£ noiti/titatiorO otrdS 97 il£ 7 iiqrno 0 ot 8£ tqooxa .astiriw to9[dn8 eidt rio Jood 1x9l old batodloa bn£ sot on amtool ybuts jwbJ ovitBitainimbA ,89S£o bri£ astntfita lanimho batoalos £ yd • rmmolqqiia , •'£J . i?u . ^ A’uA J .898/:? boto d js vd bu£-(8fMiI|r ) 8’'^ > dood ixot on ; 89 tutfit 8 bun ; »;••••'> b9tbt>l98 t>n£ 89JO:. oxotooJ .a . . ; ' oi'H; f** t,n9t)i'!w TABULATION 2 o organizing a Law Department By ADELBERT HAMILTON. Department B. It is assumed that young men entering this department know the grammar of the law, most of its familiar concepts and principles, and in a general way their legal relations, and that, in acquiring such knowledge, they have prepared themselves for the study of ad¬ vanced law as it is studied by lawyers in actual practice. It is deemed a good educa¬ tional method to teach students the nature of legal rights before attempting to train them in the means of enforcing them. Conse¬ quently, substantive law is made the subject of Department B, and the study of adjective law is deferred to a later period. In this de¬ partment (B), while the reading of text books is retained as a method of study, and while the responsibility of the student for text book ADVANCED JURISPRUDEN work is still to be tested by the “quiz," it is designed to divide the work of the student so that fully one-half of his time shall be given to the study of cases, statutes and treaties. Thus is the student carried from the mere memory work of Department A to more difficult work in legal analyses and to the logical application of principles to actual cases. The order of studying the three great subjects of law, inter¬ national, public and private, is retained in this department as in Department A. This order is a method of studying the law* from the external to the internal, *. <*., from the external affairs of the State to its internal affairs and to the rights and duties of the individual citizen. In practice this appears to be more satisfactory than to proceed at once to private AND LAW. (SUBSTANTIVE.) law with its many complexities and multitude of details likely to confuse the learner. The grouping of cognate topics is apparent, e. with reference to constitutional and adminis¬ trative law; with reference to real and per¬ sonal property; with reference to contracts generally and their many particular forms in sales, marriages, bailments, insurance, surety¬ ship and guaranty, bills and notes, agencies, partnership, mortgages, etc. Other groupings of cognate topics are likewise observable. It is believed too that the order in which the subjects are arranged is such as to make a rincipal matter precede in study one that is ependent upon it. For example the princi¬ ples of constitutional law are to be taught be¬ fore the principles of the law of property, of personal rights, of contracts, etc., are to be studied. In the field of contracts the general principles of the subject are designed to be taught before special applications of such prin¬ ciples in particular kinds of contracts are studied: e. g., the general subject of con¬ tracts precedes agency, which is itself fol¬ lowed m the scheme by an extension of it, viz: the law of partnership. It will be ob¬ served that this department suffers for want of suitable text books. Until they can be had they must either be supplied by original works by the faculty or tneir place must be taken by lectures and selected cases. Time, twelve months. Taught by. Study. A. Jurisprudence. This work includes: I. “Case-Jurisprudence.” Here the student should learn to read and use the “case.” He should examine well-constructed and ill-constructed cases, proceeding from simple to com¬ plex decisions, learning the rules for making statements of facts and opinions of courts, and learning the distinc¬ tion between decision and dictum, and of the value of precedents. He should analyze cases and digest them into syllabi. He should study case annotation, classification of cases, and digest-making. He should learn the litera¬ ture of case law and digests, and the use of the library. II. “Topic-Jurisprudence." This means the study of legal sub¬ jects or topics, their proper analyses for treatment in text-books, the making of tables or contents and indexes, text-book making, literature of text-books, use of library, etc. III. “Statute-Jurisprudence.” Methods of framing laws; rules of interpretation and construction; classification of statutes, revision of statutes, codification of law; literature of stat¬ utes; and use of library. Recitation and case work. The literature to be studied in coverinc elementary and ad¬ vanced legal grammar includes Holland's Jurisprudence, Austin’s Jurisprudence, excerpts from Bentham, and other works on the subject, a collection of illustrative cases and statutes, and supplementary lectures. The course in jurisprudence or legal grammar, if conscientiously worked out, should produce in the student the following results: 1. A comprehensive knowledge of the nature of law and of the field of law in all its various parts. 2. Knowledge of the tools of the legal profession, their struct¬ ure, whereabouts and uses. 3 . Practical knowledge of digesting and text-book making, calculated to prepare young men who expect to seek employment with law publishers desiring such services. 4 . Practical knowledge in the use of legal literature. B. International Law... I. Persons in International Law. II. Commencement of States—Fundamental Rights and Duties. III. Territorial property of a State. IV. Territorial jurisdiction. V. Jurisdiction of the High Seas and Un¬ occupied Places. VI. Agents of a State in International Rela- VII. Nationality. VIII. Treaties. Recitation and case work. Glenn on International Law and cases, treaties and statutes to be selected and printed for use of students. Work to com- . prise written digest of cases, and oral analysis and discus¬ sion of same, supplemented by special information to be given by instructor. Cooley on Constitutional Limitations; U. S. Constitution, Typical State Constitution and selected cases. No text book on this subject written, except as to Comparative Administrative Law; study lecture notes and selected statutes and cases. III. Criminal Law. “ “ “ “ Clark’s Criminal Law, supplemented by a selected criminal code (e. g. Illinois) and by selected cases. IV. Law of State as a Juristic Person. “ “ “ “ Lecture notes and selected cases and statutes; no text book I. Constitutional Law . II. Administrative Law. I. Personal Safety. II. Family Rights. III. Right to Reputation. IV. Exercise of Ordinary Rights V. Immunity from Fraud. VI. Proprietary Law. Real Property. Rights Arising Ex Lege. Domestic Rights in personam. Fiduciary Rights in personam. Meritorious Rights in personam. Official Rights in personam. Rights Arising Ex-Contractu. Contracts Generally. Contracts Specially. AHamtinn 3 Exchange; Barter; | Alienation., j Sale and Warranty. f. ( Mutuum—Notes and Bills and Bonds . Commodatum; Letting. Marriage. Sendees and Negative Service. Deposit. J Work on Materials. | Professional Sen-ice. [. Domestic “ j Agency. Partnership. Aleatory Contracts.. Accessory Contracts. Nautica Pecunia, [ Insurance, Marine, Fire, Suretyship. Indemnity, Hedge and Mortgage, Ratification, Account Stated, Further Assurance. d disability. X. Abnormal Persons. Natural Persons under disability. Artificial Persons. Private Corporations. Public Corporations. XI. Remedial Rights. Bishop on Non-Contract Law, and selected statutes and cases. Hopkins on Real Property; Tiedeman on Real Property; selected statutes and cases. Smith on Personal Property: selected statutes and rases. Schouler on Wills; statutes and cases. Schouler on Domestic Relations; selected statutes and cases. Bispham’s Equity Jurisprudence: selected statutes and cases. Lecture notes and selected cases; no satisfactory book. Bishop on Contracts; selected statutes and cases. Benjamin on Sales; statutes and cases. Norton on Bills and Notes, Selected Statutes and Cases; study selected cases and statutes on bonds. Schouler on Bailments; cases and statutes. See Schouler on Domestic Relations, supra. Study also Schouler on Bailments; cases and statutes. Mechem on Agency; selected statutes and cases. Mechem on Partnership; selected cases and statutes. No satisfactory elementary work except Richards on Fire In¬ surance. Use selected cases, statutes and lectures. Lectures, cases and statutes; no satisfactory book. Lectures, statutes and cases. Elliott on Corporations; statutes and cases. Statutes, cases and lectures: no satisfactory book for students. orft 'lovoo oi - yidnd nq bind// iIobo :iio'u ajrll- Jo nor);>lfo v;;ot- -Ahiink- .oaiuoo odi ot fttiri ttfritno Mnoda ii r I;, jd oJ feori .ewcJ Jo 'joisdo^a :a aoT'iob a (.avrroaiGA > -L.i.ooqao p.i-y\\ua v/jd ovbooibA' ,si - • / gltiiunra o.jJolboJqBbs adood boo§ to jm->w • i r tnmj vl .aJnobnJa Jo osu .rwi^ ooirfJ atfb loch b 9 iotelh >8 orriiJ IbJoJ or IT ■ . / i allow [Jaorn oiti'j Jo &ibo\\ oouiT :.,&!•* corn r -. -tr : --" .XbuiZ •7.d Jll>}lfllT f 89ei50 bn£ aoUiiaia .eJnomuDob Jooloa ;v/bJ b:noij£rns; • s'nnoIO .89Jon 97IiJ99l riJiw .>l 7 ov/ 3 S£D ba£ noiJfiJbd .dood y7oJ9£JsiiBa on ;e98£9 has aalulsia f a9Jon oiuJosJ .gJasrnnoob bsioobs bn£ aoiuinls ,898bo ,39Jon oiijJooJ -v/oda ,898 bo boiaoloa briB sotnJBJa osIb ;97ub900i c I iBrrirrihO a'alxelO .879,item Leni/nba til owfmoiq l£79bo3 ba£ stelS ^ai .rt 9 jjhw ioii 2 ‘/.oi. 'toJobJsIJbs jgoixjiooi bn* 898 B 6 , 89 tutBJ 2 .898B9 bnB aafr/iria baioalaa bae r noiioibahul no eiiiuD .dood yioJoBJeiJfis on ;898B0 bnB 89 JijJbJ 8 f 897uJa9J u »» »» »» »» n •qd U s ; •: 1 : 8 .7 . *?■ it- *• . ** V>$3 9Q9q op 8001)? 7ltU v \9 *.Al }fi >) JO TJC i * :.)®< 'iod Iprojq-e sassoii)!.*- otnuivxd O) snores ruin to i ajo.no jq 'qj pt:>? tjoipr Hqaisjrii dauuoonc t : *6)ins noijtu forojpo on :oii, :smq d:qs.: jj j j , j ), ' ' j j ;| . it 11 11 11 It 11 11 11 i'iir !(J lo V'foTf id adi ’!• • : •rrtuvos IpbiujiBTaqo adi ,^ 0 j‘fii 2 bolinU adi ni : blxis lo esaapiq/odi Bifa&'y-ttjnid'vsnx !ain-j:o aaxcjoo b dense berdi bpvaifad a* il .iuarnqofav ad Haw /.un qidanBmaaii .< • ■ ’ >nhq D i't JiniJ bn£ io -nn.q yr’ijrmrnilr., »• oa si.-rfdhb/ f eohHoq Marios-Kt io b;n>t on> i.-.'r.- ' 1 • -evaidoJB -iiodi yd bartin^ib oa daa .einam lo ixsav ono t aamoo a'laiasM 9di lol amrT •a'J amii adi oi noiiihbn iri ,-A urn adinoni ania .0 bri£ 9 ,A ainomiifiqsQ sol bsiiup .(i (.ssaH roo jAfoaqs a v/sf d ai. pinu ad oi bavailad st’qrdeaBiifca oj. idgqodi r *oy‘jw m rl ,wr Ji .jWuamno foe .y/jtf to ybrjje td) . » rlfv'•--r^Juo Ist Jbh f- i ■ . ; ' • ■ ' ' ' -iiaq Uiooe fxfu. / ttonr. )9 16 etna nioBua ai/de insjerioa.£ nr /faamadi a?.c d:;?dw an .• -BjdUvi > }-•> a3trr_>V| Ash/ tnariiqolavaj - . iyiooh 1 q noiinO • n saijafqcnsinoo qider ni .^nibnnois b;nJO‘J<>di r, ,av/Bf eii ba/s eeai c boa. iioi jdjjLo'j*[ obTronooa' lo -.alqio-b'xq -ioai'iq odt lo oorligoqxd ob bun nioiborln Iliide rioidw ,qiflaa£niaoiB)a iBoilOBiq lo < A lo eoniiloob adl lo^atnf? r ;rn ortt blc briB aiolBfi odl oiiflab ,noiloaloiq bar> v ealqioahq odl aiBlrmnol f ai£la adl lo aooil: -sxjtt oimoaoos lo bins dbstl IjsaoilBinajn ■ab adl ot alfila 9dl io norlclai oill woda . bn£ .anoib; rnB^io iBhlaobni io }<’.->:ii •ibute .(d Idguii': .asiio n oob balotdaa ( eaii£ nJ f salon ami: J .diow iBiaaqa boo anoiloliianoo boioaloa ;-ybJ iBaoilolilaaoD avilmsqmoO no £e .; iu8 .sAio/r Bob baisqaiq ytlBioaqs bnc anoi-divoiq fBaoilnlilanoo baloalaa ,8a ion rrjiooJ e'noeniiiS ol an 5jt\w\ aion oa2 .obBm dood ixoi on ;iaii£m .oiqol siftt lol KkhoiSQX iol wjrJ Qlxriijj2 nBohaniA .batoalaa ad oi adiov/ iBiaaqa bn/i ealon axnri eiriarnt/oob baloalae ,uoiltflilanoD aairri2 baliriU lo noiluIov3 ' J ' > da2 .aalon amioal bnB bnx, eiiow baioaiaa bos ,w&J avllsilsiolmbA avilsi q alniBiS osohamA a'noamxi2 oi 3B svO\\u o?,Ib as2 .aalon aiuloai .Joa[di/a aid! no aiBnaiBm lol wbJ ni bnnol 9d oi aiB v/b! lo Mad iB.ai^ aid! gnidiow lot elBnaiBra odT - 1 st rifidi ladioiola^iBlooi d’iov/ b f v/nJ ainiBiS nBohamA a'noerari2 'Banabnoo aldBa^BnBm b ei aisd bdiinpai ai iBdW .aaaoqirjq aonaia lol bainhtq ad oi sal o esnaa b ojffi sLshaism a'rioarnii8 lo uoii yd diov/' Isnigho riiiw noiioannoo ni baibnia ad oi ban einabuia •oiaoi aidi ni inadt .Alov/ iBiaaqa ban aaiiiioaJ .diov/iBioari ■ bns salon amioal ,a£iniisu(. e'labriBS ,-.;r,d livip r-vrof .dood ixai on jainabnia iol baiBqaiq od oi ,d’iow Miaoqe bnB aamiaad Law Dc TABULATION 4 By ADELBERT HAMILTON. Department D. The course of instruction in a law school has, or should have, several objects in view. Primarily its purpose is to prepare men for the general practice of law. The work of Departments A, B and C, it faithfully done, is believed to be sufficient to accomplish this purpose. But besides men who simply desire to be fitted for practice there are others whose time, means and disposition render a more scholarly preparation both possible and de¬ sirable. For these men extensions of the work of Departments A, B and C are provided in Department D, so that they may be enabled to cover wholly the field of the most advanced recorded experience in international law, in comparative public law and private law, in Roman law and its descendants, the conti¬ nental European and Spanish-American sys¬ tems of law, in the history of both English and Roman law, and in the principles of states- ADVANCED LAW. (MAST! manship. It is believed that so far as a law school can by its work entitle men to the degree of Master of Laws, what is here termed a “ Masters' Course,” coupled with an addi¬ tional period of actual practice necessary to that maturity of mind essential to make one truly a Master of Laws, is enough to warrant the conferring of that degree. The prepara¬ tion of men tor the Master's degree may be said to be the second purpose of a well organ¬ ized law school’s course of instruction. A third purpose is the fitting of men who desire to enter upon the pursuit of some special branch or department of practice. For these men the law school should provide special courses, which are here suggested in reference to admiralty, patent, mining, corporation, banking and railway practice. These special courses of study*arc designed to be optional. The course of study m the principles of AND SPECIAL COURSES.) statesmanship is believed to be unique in law school curricula. It is, however, thought to be a natural outgrowth of the study of law. The devejopment of law is in one way always a crystallization into customary rules or statu¬ tory enactments of economic and social prin¬ ciples which are themselves in a constant state of development with the progress of civiliza¬ tion. The course in the principles of states¬ manship contemplates a definition of social progress and its laws, a thorough grounding in the principles of economic production and distribution, and an exposition of the princi¬ ples of practical statesmanship, which shall unfold the meaning of the doctrines of Laisses Faire and protection, define the nature and functions of the state, formulate the principles of international trade and of economic taxa¬ tion, show the relation of the state to the de¬ velopment of industrial organizations, and indicate the correlation of the law with the principles of sociology so far as the latter have been worked out. Involved in this work is the study of the history of political organizations in the United States, the operation of govern¬ mental machinery and the process of state de¬ velopment. It is believed that such a course in the principles of statesmanship may well be the culminating point of legal study, and that young men taking it will be better fitted to enter the field of practical politics, which is so attractive to many lawyers, and which in the past has been so dignified by their achieve¬ ments. Time for the Master’s course, one year of nine months work, in addition to the time re¬ quired for Departments A, B and C. Subjects. Taught by. Study. Masters’ Course. A. International Law— International Relations; History and Diplomacy. H. Public Law . I. Constitutional Law. ( Foreign... Comparative. -j ( Interstate. History.j ^"stsies” V.!' II. Administrative Law. Comparative studies in. C. Private Law. I, Comparative Statutory Law. II. Comparative Unwritten Law. I). Roman Law. Institutes of Roman Law. E. Continental European and Spanish-Ameri- Recitations and special work. Lecture notes, treaties, selected documents and works. Burgess on Comparative Constitutional Law; selected constitutions and works. Lecture notes, selected constitutional provisions and specially prepared matter; no text book made. See note infra as to Stimson’s American Statute Law for materials for this topic. Lecture notes and special works to be selected. Schouler's Evolution of United States Constitution, selected documents and lecture notes. Goodnow’s Comparative Administrative Law, and selected works and lecture notes. See also infra as to Stimson’s American Statute Law for materials on this subject. The materials for working this great field of law are to be found in Stimson’s American Statute Law, a work too large for other than ref¬ erence purposes. What is required here is a manageable condensa¬ tion of Stimson’s materials into a series of lectures to be printed for students and to be studied in connection with original work by them in this topic. Lectures and special work. Howe’s Civil Law, Sander’s Justinian, lecture notes and special work, under direction of instructor. Lectures and special work, to be prepared for students; no text book. F. Legal History. Principles of States- Special Courses. H. Admiralty Law, I. Banking “ J. Corporation “ K. Mining M. Railway “ II. Of Roman Law and its influence on the legal systems of Europe and Spanish-America. Of English Common Law. ] 1. Early English Legal History. 2. Doctrines of English Law in the | Early Middle Ages. a. Tenure. b. Sorts and Conditions of Men. c. Jurisdiction and the Com¬ munities 1 ’i the Land. j . d. Ownership and possession, | e. Contract. f. Inheritance. g. Family Law. h. Crime and Tort. i. Procedure. Social Economics. Gunton’s Principles of Social Economics, and special work by lectures to be printed for students. Special works, to be selected to meet the needs of students in these branches. 2 OBSERVATIONS. From the foregoing outline it is possible to deduce some conclusions. It is obvious that an immense amount of original work is required. Many subjects are noted where text¬ books suitable for students are either wholly wanting or are imperfectly adapted for law school use. The remedy here is to supply new ones, their place being taken by lectures and cases until better books can be made. The teaching of many subjects in the course demands for the use of students the preparation of cases, selected statutes, treaties and constitutions and of printed notes of lectures. On the part of the student daily work is required in the study of text books, lecture notes, cases, statutes, etc., and much of this work requires written digesting of cases by the student. One of the objections to teaching exclusively by the case-method is that in a class of one hundred, for ex¬ ample, the actual work of analyzing, explaining and com¬ menting upon cases will fall into the hands of, perhaps, twenty-five per cent, of the students, who happen to be men possessed of some facility of speech and of analyti¬ cal minds, the remaining seventy-five per cent, being sim¬ ply on-lookers at the work of the others or requiring to be forced to do the work themselves orally or in writing. Written digesting and written notes upon hypothetical cases are the only means to supplement oral work by the case method so as to hold all the stu¬ dents to an equal responsibility for case work and equally to train the entire class. If the oral work of the class is to be thus supplemented by written work an im¬ mense amount of labor in examining the results of such 22 work is necessary. It is obvious that under these condi¬ tions neither the resident faculty nor the students will have time for legal practice or for other employment outside of the duties of the law school. Further points concerning the outline will be derived by comparing it with the course of instruction put out by Harvard Law School for the years’97-98. That course I reprint from the Harvard catalogue. It is as follows: First Year. Contracts. Professor Williston. Three hours a week. Cases on Contracts: Langdell, vol. 1 (2 ed.), Willis¬ ton, vol. 2. Criminal Law and Procedure. Professor Beale. Two hours a week. Beale’s Cases on Criminal Law. Property. Professor Gray. Two hours a week. Gray’s Cases on Property, vols. 1, 2. Torts. Professor Smith. Two hours a week. Cases on Torts: Ames, vol. 1 (2d ed.), Smith, vol. 2. Civil Procedure at Common Law. Professor Ames. One hour a week. Ames’ Cases on Pleading. Second Year. Agency. Professor Wambaugh. Two hours a week. Wambaugh’s Cases on Agency. Bills of Exchange and Promissory Notes. Professor Williston. Two hours a week. Ames’s Cases on Bills and Notes. Carriers. Professor Beale! Two hours a week. Beale’s Cases on Carriers. 23 Contracts and Quasi-Contracts. Professor Wambaugh. Two hours a week. Keener’s Cases on Quasi-Con¬ tracts. Evidence. Professor Thayer. Two hours a week. Thayer’s Cases on Evidence. Insurance—Marine, Fire and Life. Professor Wam¬ baugh. Two hours a week. Wambaugh’s Cases on Insurance. Jurisdiction and Procedure in Equity. Professor Lang- dell. Two hours a week. Langdell’s Cases in Equity Pleading. Property. Asst. Professor Williams. Two hours a Week. Gray’s Cases on Property , vols. 3, 4. Sales of Personal Property. Professor Thayer. Two hours a week. Williston’s Cases on Sales. Trusts. Professor Ames. Two hours a week. Ames’s Cases on Trusts (2d ed.). [Damages. Two hours a week for half the year. Beale’s Cases on Damages .] Omitted in 1897-98. [The Interpretation of Statutes.* One hour a week.\ Omitted in 1897-98. Law of Persons. Professor Smith. One hour a week. Third Year. Conflict of Laws and International Law.* Professor Beale. Two hours a week. Constitutional Law. Professor Thayer. Two hours a week. Thayer’s Cases on Constitutional Law. Corporations. Professor Smith. Two hours a week. Smith’s Cases on Corporations. (*) No text books. 24 Jurisdiction and Procedure in Equity.* Professor Lang- dell. Two hours a week. Mortgages.* Asst. Professor Williams. Two hours a week. Partnership. Professor Ames. Two hours a week. Ames’s Cases on Partnership. Property. Professor Gray. Two hours a week. Gray’s Cases on Property , vols. 5, 6. Comparative Jurisprudence.* Professor Gray. One hour a week. Roman Law—selected topics.* Asst. Professor Wil¬ liams. Two hours a week. Suretyship. Professor Ames. One hour a week. Ames’s Cases on Suretyship. Extra Courses. Massachusetts Practice. Mr. Thayer. One hour a week. [Civil Procedure under the New York Code. Not less than thirty hours.\ Omitted 1897-98. Comparison of the two courses develops the follow¬ ing points of contrast: 1st. The Harvard course is not correlated to any jurisprudential scheme. In itself it contains no crite¬ rion by which to determine whether it is complete or logically arranged. In fact it is incomplete and il¬ logical. 2nd. The great objection to the Harvard course is its adherence to the case method of instruction to the ex- (*) No text books. 25 elusion of other methods. The study of cases is neces¬ sarily slow. How slow it is anyone can demonstrate by an actual trial of it. Of the 30 topics in the Harvard course 21 are taught by the study of cases. Six topics are marked “no text book,” either because suitable text books are not at hand or it is not deemed desirable to use them. With its faculty teaching by the case method it is impossible for the Harvard School to cover the field of the law in three years. 3rd. The Harvard course is defective: The use of the case method involves the sacrifice of the great topics of international law and of public law during the first and second years except in the single topic of criminal law and procedure. The important subjects of consti¬ tutional law and of administrative law are for two years left untouched except as students may glean incidental¬ ly to their other work something of the principles of these topics. Likewise during the first and second year the subjects of normal and abnormal persons continue practically untaught except in an incidental way. In¬ deed all of the time given to international law, consti¬ tutional law and corporations in Harvard is in the third year during which two hours per week for thirty-six weeks, or about seventy-two hours a year for each of the three topics, is to be given by the student. No adequate treatment of these topics can be made by any university in so short a period of time, especially where the work is conducted by the case method. The important sub¬ ject of wills is omitted as is likewise the topic of do¬ mestic relations, the subjects of bonds and of the official duties of governmental agents. Jurisprudence in the sense of legal grammar, an elementary study of the greatest importance to law students, is likewise omitted 2 6 except as it may be represented by the thirty-six hours’ work in the third year upon the subject of comparative jurisprudence. There is no work on elementary law provided, although this defect is half-supplied by re¬ quiring a knowledge of Blackstone’s Commentaries as a preparation for admission. In adjective law the Harvard course is defective in many particulars. The treatment of jurisdiction, for example, appears to be limited to equity jurisdiction. No reason exists why common law and statutory juris¬ diction as well as the peculiarities of state and federal jurisdiction should not be taught to students. Upon the subjects of courts and judicial machinery the Harvard course appears to contain nothing. Except incidentally to some other topic the great field of remedies is left unoccupied by Harvard. Code pleading and practice while formerly studied appear to be omitted in ’97 and ’98. Nor does there appear to be any special treat¬ ment of remedies, pleading and practice in federal courts. The subjects of forensic medicine and legal ethics are likewise omitted. There appears to be a course in comparative jurisprudence of one hour per week, aggregating perhaps thirty-six hours in a year, a time utterly inadequate to treat the subject of compara¬ tive statutory law, comparative constitutional law and comparative administrative law not to mention other branches of comparative law. Nothing upon the subject of legal history is embraced in the Harvard course. Nothing appears concerning European continental or Spanish-American law. The treatment of Roman law is restricted to “selected topics.” No special courses are provided in admiralty, banking, mining, patent, railway or other topics in which students may desire special instruction. 2 7 4th. The arrangement of the Harvard course is ap¬ parently without reference to any logical correlation of subjects. Constitutional law, a department which abounds in fundamental principles, is taught in the third year. The adjective subjects of civil procedure, evidence, jurisdiction and practice instead of being placed together so that all of the efforts of the students may be concentrated at once upon the field of adjective law, are scattered through the three years of study. Agency is studied in the second year while its legiti¬ mate extension, partnership, is deferred to the third year. I cannot but conclude from an examination of the course at Harvard Law School that it is defective in many important particulars, and that it is illogically arranged with reference to the best plan, or any plan, of instruct¬ ing students progressively in the study of law. It seems to me that the department of law in Harvard Univer¬ sity is greatly handicapped by exclusive adherence to the case method of instruction and that such adherence has involved the sacrifice of many important branches of legal learning from the curriculum of the school. In this comparison Harvard has not been selected for invidious distinction. An examination of the courses of the other law schools will disclose grounds for criticisms differing perhaps in particulars as to different schools but agreeing with the above in substance as to all of them. It may be added with reference to the case method that excellent for mental discipline as it is its adoption as an exclusive method of instruction will greatly handicap any institution. While I believe in goingto original sources for information and in original work both by faculty and students I do not believe that such theories of teaching should be carried to the 28 point of discarding the use of text books and recitations. This would not be for a moment ad¬ mitted in the teaching of geometry, physiology, history, geology or any other science. It is not easy to understand why the practice of using text books which is successful in the teaching of every other science should be practically abandoned by a great university in the teaching of legal science. The best method of teaching law is a judicious com¬ bination of case work, text book work, recitations and lectures with notes and “ quizzes. ’ ’ There is no need why in a course of three years study any of the great topics of law should be omitted or neglected. All that is necessary to insure reasonable work in them, coupled with the at¬ tainment of good mental discipline on the part of the students is that proper methods of teaching should be adopted in places suitable for their use. A slavish ad¬ herence to any one educational method will defeat the best work otherwise attainable. Not all can be told in an outline of study as to the details of putting it in practice. Each of the topics re¬ quires to have courses of work scheduled as to the assign¬ ment of lessons and as to the cases and statutes to be read and special matter needs to be prepared for class use by the instructor. Such schedules and special mat¬ ters cannot be indicated except after conference with the teacher. The conditions and scope of this communica¬ tion make it impossible for me to present details of this kind. PREPARATORY WORK. Observance of students and practitioners of law for many years past satisfies me that for the most part they 29 are unprepared in general education for professional work. I constantly hear students and lawyers who talk in ungrammatical fragments of sentences, whose ideas lack coherence or logical relevancy and whose modes of expression are wanting in consecutiveness, fluency and point. Men appear in the class rooms of the law schools possessing some of the simple forms of elementary edu¬ cation but who are notwithstanding so helpless in actual work as to be unable to state in their own language the substance of a paragraph of legal literature read by them. Often the young men are so defectively trained in logical intellectual operations as to be unable to make a simple deduction from a major and minor. In the practical work of the lawyer many men betray igno¬ rance of the plainest principles of physical science and show little or no knowledge of the arts of modern life. It is my hope that the management of the Chicago Uni¬ versity may see the way clear resolutely to set its face against admission to its school of law of men thus dis¬ qualified for legal study and practice. I recommend in¬ sisting from those who apply for admission to the law school of the University upon qualifications in the following branches of study: 1. A common school education in reading, writing, arithmetic, spelling, grammar and geography both physical and political. 2. Advanced work in English grammar, composi¬ tion, rhetoric and English literature. 3. An advanced training in Latin and either French or German. Latin is in my judgment absolutely neces¬ sary to an adequate training in English. 4. An advanced course in mathematics which shall include higher arithmetic, algebra, geometry, trigonom- 30 etry and surveying. This preparation I deem to be of highest importance in the mental discipline of students, and to it should be added a fair training in book-keep¬ ing, an art which the practicing lawyer finds very help¬ ful. 5. Advanced work in physical and natural science. Every lawyer whose practice rises above the most ordi¬ nary cases finds himself aided by a knowledge of the laws of mechanics, optics and other departments of physics. In other sciences physiology and hygiene are of constant use to the lawyer; while no better training for the perceptive faculties can be had than through the study of botany, geology and natural history. 6. A thorough course in logic, both deductive and inductive, especially the latter. I have always found my early work in Mills’ Logic of great benefit in per¬ forming my professional duties. 7. A good preparation in American, English, Roman and continental history. 8. A course in recent economics and sociology. It may be said that the foregoing requirements mean practically a college preparation for admission to the study of law. Granted: But in a profession whose members should be picked men of the highest intellec¬ tual abilities, no better test by which to select them can be devised. Such a preparation for the study of law is not beyond the power of any man. And as be¬ tween two men, one of whom is willing to make this preparation for the study and practice of law and the other of whom is not willing, I have no hesitancy in saying that the former is to be preferred as likely to be a better man, a superior citizen and a more capable lawyer. 3i CONCLUSION. In conclusion I desire to point out that the School of Law of a university is its most important department. It may send forth men who become notable in art, liter¬ ature, science and philosophy. Its seminaries may graduate others who become eminent as divines. Its schools of medicine may educate skilful physicians and surgeons. But it is from the law school that will come the accomplished lawyers, learned jurists and distin¬ guished statesmen whose achievements will indicate most surely the worth of its privileges and shed most brilliant luster upon the character of the University. There are no fields of industrial, commercial, profes¬ sional or public activities into which the practice of law does not lead, and there are no such fields wherein the abilities of lawyers, the learning of judges and the re¬ sources of statesmen have not greatly distinguished the bar and enabled its members most widely to benefit hu¬ manity. It is a great opportunity which the University of Chicago has in being able to found a new school to educate men for such a profession. It is in a position to begin this work absolutely fresh, untram¬ meled by unsuccessful attempt, unrestrained by the prejudices or policies of older institutions and with the support of a people whose liberality is never stinted where they are satisfied that an educational institution is founded upon lines of culture, deep, broad, and far reaching in purposes of use, worth and beneficence. To realize this opportunity to the fullest extent the primal inquiry is: What will the new law department do? What will be its purposes, its plans, the results of its labors? At the very outset so far as possible these ques- 32 tions should be answered. Upon what the work of the school shall be depends the organization of its faculty, the planning and erection of its buildings, the expenses of its conduct and maintenance, the character and num¬ ber of the students whom it will gather within its walls and the work which they will do when, admitted to the bar, they shall take their places among the veterans of the profession. Defectiveness and false arrangement of work, ill adaptation of methods of instruction, lax in¬ sistence upon high qualifications in those who seek ad¬ mission to its classes, a disposition to conduct the department for revenue rather than for liberal profes¬ sional education should be avoided, lest, as otherwise they surely will, these things work injury to the school itself and to the University. And by avoiding them, by making the department of law truly national in character, by covering in its work the whole field of the science of jurisprudence, by drawing to it a faculty embracing men of worth as teachers of law and who are accomplished lawyers, eminent judges and dis¬ tinguished statesmen, by teaching law according to well planned courses of instruction and appropriate methods, and by enrolling in the school young men of good intel¬ lectual qualities and proven excellence in preparatory education, the law department of the University of Chicago may realize the highest aspirations of its found¬ ers and patrons—toward which if I have in some meas¬ ure contributed I am both gratified and honored. I am, sir, with respect, Sincerely yours, Adelbert Hamilton. Chicago, May 7, 1898.