The Real Socratic Method: At the Heart of Legal Education Is a Misunderstanding of Why Socrates Asked So Many Questions

Abstract

In a true Socratic law school, I suggest, students would be instructed to ask questions of those in authority instead of answering them. Nothing and no one would be beyond a student’s questioning, especially by virtue of claims to authority or expertise alone. Students would be empowered to question the wisdom of professors, judges, politicians, and the law itself, unpacking the hidden values, ideological motivations, and philosophical foundations of legal principles. By questioning the origins of law, students would learn to refine their critical thinking and analytical skills to judge whether or not a law, in itself, is just.

Keywords: law schools, law students, legal education, Socratic method, law degree, teaching methods

JEL Classification: K00, K10, K19, K40, I20, I21, I23