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COLUMBIA LAW TIMES.

VOL. IV.

NOVEMBER, 1890.

No. 2.

COURSES OF INSTRUCTION IN COLUMBIA COLLEGE LAW SCHOOL By Theodore W. Dwight.

I have been requested by the editors of the COLUMBIA LAW TIMES to write a brief view of the present course of instruction in the Law School of Columbia, and the ends expected to be achieved by it.

The third year's course of study is, so far as the topics assigned to it are concerned, provisional, or in the experimental stage. Still, the experiment is proving so highly successful, that there is reason to believe that no occasion will arise for making material changes in it, though there may be some alteration in its details.

The design of the college authorities will be most clearly understood by classifying the first two years of instruction as a group, and considering the third year's course separately.

I.

THE FIRST Two YEAR'S COURSE.

The theory of the first two year's course is, to give an outline of the field of municipal law without any extensive treatment of details. This is based on the desire to have the matter supplied to the student

thoroughly assimilated and made part of his course of thinking. This is a fact of prime importance, not merely in mental training at large, but in particular, and in an emphatic manner in legal education. The rules of law that we in this country derived from England are now in constant mutation both by means of judicial decision and statutory enactment. The details are complicated and appalling even to the trained lawyer. What must they be to the student? Still, these rules for the most part cluster around great and unchanging principles. He who is master of these has an invaluable clue to the labyrinth. The Faculty of the Law School seek to make these principles so fully a part of the mental apparatus of the student that he can summon them to his aid at a moment's call.

Another cardinal feature in the course of these two first years is not simply to impart knowledge, but to teach the student how to think, and to work out by a mere course of reasoning cases that may be presented to him for solution. It is from this point of view that cases are fre

quently in the class-room put to him for consideration, and it is on the same ground that questions are asked by the professors to be answered on the spot.

A large portion of the success of a lawyer depends on his having his knowledge of legal rules so completely at command that it will be ready for use at a moment's reflection. This result is most likely to happen when his knowledge of principles is thorough and comprehensive, and his skill in applying them to concrete cases is rapid in its movement and accurate.

There is nothing more surprising and lamentable in the development of legal instruction in the United States, than the unwillingness of a large number of the students to participate in the Moot Courts. It is difficult to say to what this reluctance is attributable. It may be that too little attention is paid to debate in the literary colleges. Still, no one can meet with success at the bar, who has not acquired the power of oral expression. This must be characterized by clearness, directness and simplicity. In this Law School attendance upon Moot Courts is made a duty by the authorities, after a long experience of its value. A faithful student, who has carefully embraced his opportunities in this respect, can readily and with scarcely any feeling of novelty pass from the Moot Court to the argument of actual cases. I am happy to say that a large number of the students in these classes do their work thoroughly and to the high satisfaction of their instructors. To those who are reluctant to embrace their opportunities, I offer these few words of encouragement. To any who willfully neglect them, I would say that it will not be the fault of the Law School Faculty, if they in future years have cause to bitterly regret their wasted opportunities.

When an institution is organized in the manner adopted here, regular attendance is vital to its successful working. No excuses can be received for non-attendance unless they are substantial. In particular, excuses will in no case be received based upon an attendance in a law office at the hours of lectures. The reason of this is, that the Law School work is continuous. The student advances from step to step. A single break interrupts the continuity of study, and so far weakens or impairs his training. Moreover, as there are now nearly six hundred students on the roll, it would be impossible to conduct the business properly without having sharply defined rules, so applied as to be free from embarrassing precedents.

The work of the first and second years postulates a large amount of private study as a preparation for the class-room expositions and examinations. The student should not be in the mental attitude of finding out how little he can do, and yet pass the final examinations. He should rather be anxious to ascertain how much he can do consistently with a due attention to his health. Accordingly, he should read text-books anew, as well as parallel treatises on the subject passed over, and also illustrative cases cited in the lectures by the professors. A student's true progress may be well likened to the movement of a river flowing in full volume between well defined and smooth banksswift, without friction and powerful. On the other hand, if he be materially diverted from his life work by outside reading and study, his progress may be compared to the same river reduced in volume and power by its division into side channels and adjoining lakelets. The stream is now charming for picturesqueness and beauty, but it has lost in the concentra

tion of its forces. It has no longer the old power to cause strong and swift revolutions of the wheels of industry or to do efficiently the practical work of human life, which it is expected to perform.

II.

THE THIRD YEAR'S COURSE.

The theory of this year's study is the assumption that a student in going through the two years' course has obtained a good general outline of the law, and is now prepared to take up special subjects in detail. A great many topics might be advantageously presented. But as there is but one year a selection must be made. Some principle should, if possible, be adopted in making the selection. A leading thought was to choose such topics as are highly important from their frequent use in the affairs of life. This led to the selection of the topic of Bills of Exchange and Promissory Notes, and also of Insurance, in its various forms of Marine, Fire Life and Accident Insurance. "The Law of Corporations" was added on this account as well as on account of its vast importance. Another thought was to choose a topic from its intrinsic importance as dominating other rules of municipal law. This led to the topic of Constitutional Law. Again it was thought wise to introduce into the course a subject which was not usually well studied by young lawyers, and yet of great consequence, viz.: Federal Jurisprudence in its various forms, including the Law of Patents. Another ground of choice is, that some subjects are intrinsically difficult, either from nicety of reasoning or complexity. These subjects, valuable in themselves, have the further advantage of supplying a healthy and thorough training of the mental powers. This view led to the treatment of the subject of the interpretation and construction of wills, as

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It may properly be added that during the present year the topic of "quasi contracts," under the direction of Prof. Keener, will occupy a short period of time.

This brief sketch will serve to show that every branch of the third year's course exists by reason of the supposition that it will subserve some special and useful end.

The subjects in this course are presented in part through the medium of text-books and oral expositions and in part by lectures by competent lecturers on special topics assigned to them. The combined exercises occupy two hours per day for five days in the week throughout the scholastic year.

There are no Moot Courts in the third year's course. The Practice Court is substituted in their place.

Students when entering the third year may, instead of the Law course above indicated, elect to take the course in Political Science, as laid down in the Circular of Information.

The advantages of the third year are held open to students coming from other Law Schools having a course of study equivalent to the first two years here. This may prove to be a boon to them, as a third year is not organized as yet in but a few Law Schools throughout the

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