A 'Traditionalist's' Approach to Teaching O'Brien and to Ideology in the Classroom

Abstract:     
This article attempts to provide an eclectic approach to teaching O'Brien v. Cunard S.S. Co., 28 N.E. 266 (Mass. 1891), reprinted at 57 Mo. L. Rev. 347 (1992) in a first year Torts course. The piece acknowledges the strength of seeing cases like O'Brien through the lens of critical legal theory, law and economics, feminism, and critical race theory, but in the end rejects any single approach in favor of a kind of unabashed eclecticism. It strongly suggests that teaching law from a single approach runs the risk of overreaching and coercion. In addition, it pointed out the utility of having professors who approach law from different "schools" of thought compare notes on how their perspectives color what and how they teach their students.

Number of Pages in PDF File: 13

Keywords: legal education, O'Brien v. Cunard S.S. Co., torts, critical legal theory, law and economics, feminism, critical race theory

JEL Classification: K13, K19, K39

Accepted Paper Series