in: 1 For a contrary view, see G. Jones, ‘ “Traditional” Legal Scholarship: a Personal View’ in What Are Law Schools For?, ed. P. Birks (1996) 14.

author: G. Jones

container-title: What Are Law Schools For

editor: P. Birks


in: 3 R. Goff, ‘The Search for Principle’ (1983) Proceeedings of the British Academy 169, at 171. This is an amplification of Dicey’s remark that ‘[b]y adequate study and careful thought whole departments of law can . . . be reduced to order and exhibited under the form of a few principles which sum up the effect of a hundred cases . . .’. A. Dicey, Can English Law be taught at the Universities? (1883) 20.

author: R. Goff

title: The Search for Principle

journal: Proceeedings of the British Academy

author: A. Dicey


in: 4 J. Smith, The Law of Contract (1989)

author: J. Smith

title: The Law of Contract


in: 6 See, for example, D. Kennedy, ‘Form and substance in Private Law Ajudication’ (1976) 89 Harvard Law Rev. 1685.

author: D. Kennedy

journal: Harvard Law Rev


in: 7 B. Hepple, ‘The Renewal of the Liberal Law Degree’ (1996) Cambridge Law J. 470, at 485 and 481.

author: B. Hepple

title: The Renewal of the Liberal Law Degree

journal: Cambridge Law J


in: 8 P.A. Thomas, ‘Introduction’ in Socio-Legal Studies, ed. P.A. Thomas (1997) 19.

author: P.A. Thomas

title: Introduction

container-title: Socio-Legal Studies

editor: P.A. Thomas


in: 9 R. Cotterrell, Law’s Community (1995) 296.

author: R. Cotterrell

title: Law’s Community


in: 10 Socio-legal studies has been defined in many different ways. In this essay the term is taken to indicate the use of ideas ‘from other disciplines primarily but not exclusively from within the social science and humanities fields’. S. Wheeler, ‘Company Law’ in Thomas, op. cit., n. 8, at p. 285.

author: S. Wheeler

title: Company Law

editor: in Thomas

backref: op. cit., n. 8


in: 11 Some fail wholly. It is difficult to see any effect on academic legal education that resulted from Lady Marre’s report A Time for Change (1988). The Jarratt report on universities produced for the Committee of Vice-Chancellors and Principals (CVCP), Report of the Steering Committee for Efficiency studies in Universities (1988), produced much comment but little action. Even those that are thought of as being a success are not wholly implemented. Despite Ormrod’s recommendations no Institute of Profesional Legal Studies was set up and the universities and colleges of higher education did not take sole responsibility for vocational legal training (Report of the Committee on Legal Education (1971; Cmnd 4595) ch. 9, recs. 40 and 23). There were also other recommendations that were not implemented. The Robbins report on higher education, Higher Education (1963; Cmnd. 2154) took it is axiomatic that ‘courses of higher education should be available for all those who are qualified by ability and attainment to pursue them and wish to do so’ (para. 31). This has yet to happen.

author: Lady Marre’s

title: report A Time for Change


in: 12 National Committee of Inquiry into Higher Education, Higher Education in the learning society (1997) (the Dearing report); ACLEC, First Report on Legal Education and Training (1996). The Government’s White Paper on further and higher education had not been published at the time of writing this essay. 13 ACLEC, id., para 4.6.

author: ACLEC

backref: id


in: 14 ACLEC’s proposal is part of an historical process which has gradually seen English university law schools distance themselves from the legal professions and the legal professions propose decreasing degrees of control over the content of law degrees. (See A. Bradney and F. Cownie, ‘Working on the Chain Gang?’ (1996) 2 Contemporary Issues in Law 15, at 24–6).

author: A. Bradney and F. Cownie

title: Working on the Chain Gang

journal: Contemporary Issues in Law


in: 15 J. MacFarlane, M. Jeeves, and A. Boon, ‘Education for Life or for Work?’ (1987) 137 New Law J. 835, at 836.

author: J. MacFarlane, M. Jeeves, and A. Boon

title: Education for Life or for Work

journal: New Law J


in: 16 T.H. Huxley, ‘Universities: Actual and Ideal’ in T.H. Huxley, Collected Essays: Volume III (1905) 215.

author: T.H. Huxley

title: Universities: Actual and Ideal

container-title: T.H. Huxley, Collected Essays


in: 17 J.S. Mill, ‘Inaugural address to the University of St Andrews’ in Collected Work of John Stuart Mill: Volume XXI, ed. J.M. Robson (1984) 218.

author: J.S. Mill

editor: J.M. Robson


in: 18 Dearing, op. cit., n. 12, para. 9.32.

author: Dearing

backref: op. cit., n. 12


in: 20 F.R. Leavis, Education and the University (1948) 28. Leavis’s view was narrowly nationalistic. For ‘centre’ it would be better to substitute ‘centres’.

author: F.R. Leavis

title: Education and the University


in: 21 See, further, A. Bradney, ‘Liberalising Legal Education’ in The Law School: Global Issues, Local Questions, ed. F. Cownie (forthcoming).

author: A. Bradney

title: Liberalising Legal Education


in: 22 P. Goodrich, ‘ Of Blackstone’s Tower: Metephors of Distance and Histories of the English Law School’ in Birks, op. cit., n. 1, p. 59. 23 S. Turow, One L (1977) 106.

author: P. Goodrich,

backref: in Birks, op. cit., n. 1

journal: S. Turow, One L


in: 24 O. Kahn-Freund, ‘Reflections on Legal Education’ (1966) 29 Modern Law Rev. 121, at 129.

author: O. Kahn-Freund

title: Reflections on Legal Education

journal: Modern Law Rev


in: 25 Kahn-Freund believed ... legal argument (Kahn-Freund, id.).

author: Kahn-Freund


in: 29 Leavis has, of course, been widely criticized for the cultural and gender assumptions that lie behind his selection of material to be studied. (See, for example, M. King, The New English Literatures (1980) at 216–17.) Whatever the accuracy of these criticisms, they are criticisms of the application of the method rather than the method itself.

author: M. King

title: The New English Literatures


in: 30 Jurisprudence by Sir John Salmond, ed. G. Willliams (10th ed., 1947) at 256 and 257.

title: Jurisprudence by Sir John Salmond

editor: G. Willliams (10th


in: 31 So much so that when other disciplines engage with law they must develop their own concepts to analyse law rather than rely on the concepts already developed in law. See, for example, E. Durkheim The Division of Labour in Society (1933) 68.

author: E. Durkheim

title: The Division of Labour in Society


in: 32 M. Le Brun and R. Johnstone, The Quiet Revolution: Improving Student Learning in Law (1994) 65. On the effect on women students, see ‘Define and Empower: Women Students Consider Feminist Learning’ (1990) I Law and Critique 47 at pp. 54–55. For a survey of CLS and feminist literature on this general point, see W. Conklin, ‘The Invisible Author of Legal Authority’ (1996) VII Law and Critique 173 at pp. 173–6.

author: M. Le Brun and R. Johnstone

journal: Law and Critique

author: W. Conklin

title: The Invisible Author of Legal Authority


in: 33 R. Collier, ‘Masculinism, Law and Law Teaching’ (1991) 19 International J. of the Sociology of Law 427, at 429.

author: R. Collier

title: Masculinism, Law and Law Teaching


in: 34 P. McAuslan, ‘Administrative Law, Collective Consumption and Judicial Policy’ (1983) 46 Modern Law Rev. 1, at 8.

author: P. McAuslan


in: 35 Le Brun and Johnstone, op. cit, n. 32, pp. 71–5.

author: Le Brun and Johnstone

backref: op. cit, n. 32


in: 38 Goodrich, op. cit., n. 22.

author: Goodrich

backref: op. cit., n. 22


in: 39 P. Samuelson, ‘The Convergence of the Law School and the University’ (1975) 44 The Am. Scholar 256, at 258.

author: P. Samuelson

journal: The Am. Scholar


in: 40 P. Harris and M. Jones ‘A Survey of Law Schools in the United Kingdom, 1996’ (1997) 31 The Law Teacher 38, at 46.

author: P. Harris and M. Jones

journal: The Law Teacher


in: 41 J. Wilson , ‘A third survey of university legal education’ (1993) 13 Legal Studies 143, at 152.

author: J. Wilson

journal: Legal Studies


in: 42 Thus, for example, Harris and Jones reported that 59.2 per cent of all particpating institutions offered foriegn language tuition as part of their standard LLB programme. (Harris and Jones, op. cit., n. 40, at p. 54).

author: Jones

backref: op. cit., n. 40


in: 43 P. Leighton, T. Mortimer, and N. Whatley, Law Teachers: Lawyers or Academics? (1995)

title: Law Teachers: Lawyers or Academics


in: 34. This would include teaching both non-law degree students and sub-degree students. 44 id., p 35

backref: 44 id


in: 45 L. Skwarok, ‘Business Law for Non-Lawyers: Setting the Stage for Teaching, Learning and Assessment at Hong Kong Polytechnic University’ (1995) 29 The Law Teacher 189, at 189.

author: L. Skwarok


in: 46 N. Bastin, ‘Law, Law Staff and CNAA Business Studies Degree Courses’ (1985) 19 The Law Teacher 12, at 13.

author: N. Bastin


in: 47 A. Ridley, ‘Legal Skills for Non-Law Students: Added Value or Irrelevant Diversion?’ (1994) 28 The Law Teacher 281, at 282.

author: A. Ridley


in: 48 G. Cartan and T. Vilkinas, ‘Legal Literacy for Managers: The Role of the Educator’ (1990) 24 The Law Teacher 246, at 248.

author: G. Cartan and T. Vilkinas


in: 49 Ridley, op. cit., n. 47, at p. 284.

author: Ridley

backref: op. cit., n. 47


in: 50 This, of course, is not always the case. For example, the BA Economics and Law degree at Leicester has a special course in each year given over to the consideration of the relationship between economics and law.


in: 51 P. Birks, ‘Short Cuts’ in Pressing Problems in the Law, ed. P. Birks (1994) 10–24.

author: P. Birks

title: Short Cuts

container-title: Pressing Problems in the Law


in: 53 Cartan and Vilkinas, op. cit., n. 48, p. 248.

author: Cartan and Vilkinas

backref: op. cit., n. 48


in: 54 P. Harris, ‘Curriculum Development in Legal Studies’ (1986) 20 The Law Teacher 110, at 112.

author: P. Harris

title: Curriculum Development in Legal Studies


in: 55 Dearing, op. cit., n. 12, para 9.3.

author: Dearing


in: 57 G. Steiner, Errata: An Examined Life (1997) 20.

author: G. Steiner

title: Errata: An Examined Life