The Revolutionary Idea of University Legal Education
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The Revolutionary Idea of University Legal Education
William & Mary Law ReviewVolume 31 (1989-1990) Issue 3Article 232964The Revolutionary Idea of University Legal EducationPaul D. Carringtonpdc@law.duke The Revolutionary Idea of University Legal Educatione.eduFollow this and additional works at: https://scholarship.law.wm.edu/wmlr& Part of the Legal Education Commons, and the Legal History CommonsRepository CitationPaul D. Carrington, The Revolutionary Idea of University Legal Education. 31 Wm. & Mary L. Rev.527 (1990), https://scholarship.law.wm.ed The Revolutionary Idea of University Legal Educationu/wmlr/vol31/iss3Z2Copyright c 1990 by the authors. This article IS brought to you by the William & Mary Law School Scholarship Repository.https://schThe Revolutionary Idea of University Legal Education
olarship.law.wm edu/wmlrWilliam and Mary Law ReviewVolume 31Spring 1990Number 3THE REVOLUTIONARY IDEA OF UNIVERSITY LEGAL EDUCATIONPaul D. Carrington*William & Mary Law ReviewVolume 31 (1989-1990) Issue 3Article 232964The Revolutionary Idea of University Legal EducationPaul D. Carringtonpdc@law.duke The Revolutionary Idea of University Legal Education1 In 1779, as Governor of Virginia, he caused the governing board of the College of William and Mary2 to establish a professorship of "‘Law and Police.”3 His purpose was to provide moral training to fit an elite responsible for political leadership in a new republic.Jefferson was not alone in the th The Revolutionary Idea of University Legal Educationought. His generation of Americans had read and absorbed Montesquieu’s The Spirit of Laws as* Chadwick Professor of Law, Duke University. B.A., UniverThe Revolutionary Idea of University Legal Education
sity of Texas, 1952; LL.B., Harvard University, 1955. This paper was presented as the George Wythe Lecture at the Marshall-Wythe School of Law of the William & Mary Law ReviewVolume 31 (1989-1990) Issue 3Article 232964The Revolutionary Idea of University Legal EducationPaul D. Carringtonpdc@law.duke The Revolutionary Idea of University Legal Educationearlier draft, and to the E.T. Bost Fund of the Duke University School of Law for its support.1.See generally H. Adams, The College of William and Mary 37-39 (1887).2.Jefferson did to William and Mary what the Supreme Court later held that New Hampshire could not do to Dartmouth: He declared it a pu The Revolutionary Idea of University Legal Educationblic institution. Trustees of Dartmouth College V. Woodward, 17 U.S. (4 Wheat.) 518 (1819).3.The chair that Jefferson created at William and Mary wasThe Revolutionary Idea of University Legal Education
a professorship of “Law and Police,” which means law and policy in today’s usage. H. Adams, supra note 1, at 39 n.l.527528WILLIAM AND MARY LAW REVIEW[William & Mary Law ReviewVolume 31 (1989-1990) Issue 3Article 232964The Revolutionary Idea of University Legal EducationPaul D. Carringtonpdc@law.duke The Revolutionary Idea of University Legal Education.8 That book also had introduced revolutionary America to the idea of separation of powers, to the idea that slavery was especially evil in a society governed as a republic, and to many other thoughts on the relation of legal institutions to the society of which they are a part.6 Others than Jeffers The Revolutionary Idea of University Legal Educationon also would act upon the advice of Montesquieu with respect to education in law.Montesquieu’s idea about education in law was neither complex, nor fThe Revolutionary Idea of University Legal Education
ully developed. For him, it was axiomatic that a republican government can be sustained only in a society of citizens who practice public virtue, whicWilliam & Mary Law ReviewVolume 31 (1989-1990) Issue 3Article 232964The Revolutionary Idea of University Legal EducationPaul D. Carringtonpdc@law.duke The Revolutionary Idea of University Legal Educationconcluded that republican education must aim to inculcate among citizens a “love” of their laws.8In his Montesquieuan belief that university education in law could make a positive and perhaps essential contribution to republican politics, Jefferson was one of the most optimistic9 and radical10 of th The Revolutionary Idea of University Legal Educatione revolutionary leaders who supported the constitutional vision of a national government.11 Influenced by many other sources, perhaps especially by thThe Revolutionary Idea of University Legal Education
e literature of the “Scottish Enlightenment,”12 Jefferson had his disagreements with Montes-4.D. Boorstin, The Lost World of Thomas Jefferson 22 (1948William & Mary Law ReviewVolume 31 (1989-1990) Issue 3Article 232964The Revolutionary Idea of University Legal EducationPaul D. Carringtonpdc@law.duke The Revolutionary Idea of University Legal EducationRepublican Vision of the 1790s 84 (1984). This optimism may have been influenced by George Wythe, who was criticized for having too high an opinion of other men. Pierce, Character Sketches of Delegates to the Federal Convention, in 3 The Records of the Federal Convention of 1787 94 (1937). The Revolutionary Idea of University Legal EducationWilliam & Mary Law ReviewVolume 31 (1989-1990) Issue 3Article 232964The Revolutionary Idea of University Legal EducationPaul D. Carringtonpdc@law.dukeGọi ngay
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