How Do You Trim the Seamless Web? Considering the Unintended Consequences of Pedagogical Alterations

54 Pages Posted: 18 Sep 2008 Last revised: 22 Oct 2014

Ryan Patrick Alford

Lakehead University - Bora Laskin Faculty of Law

Abstract

The Socratic method is considered obsolete and unhelpful by many legal educators. Catalyzed by the latest report of the Carnegie Foundation on legal education, educational reformers are pushing for the reduction or elimination of its use. This paper presents a historical perspective on the importance of the Socratic method to the development of law and to its continuity across time. It highlights the importance of the method in imparting Aristotelian epistemology and scholastic modes of reasoning that are increasingly rare in society at large, but which are critical to the structure and spirit of the law. Accordingly, it is argued that it is impossible to predict with confidence that the demise of the Socratic method would not destroy our hermeneutic bridge to the era in which foundational concepts of law were elaborated, or even destroy our ability to understand them. This perspective should give us pause when we consider making changes to a tradition with a value that we do not always appreciate.

Keywords: legal education, Socratic method, case method, scholasticism, Aristotle, Petrus Ramus, Peter Abelard, Jerome Frank, Christopher Columbus Langdell, realism, critical legal studies

JEL Classification: K00, K40

Suggested Citation

Alford, Ryan Patrick, How Do You Trim the Seamless Web? Considering the Unintended Consequences of Pedagogical Alterations. University of Cincinnati Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1269910

Ryan Patrick Alford (Contact Author)

Lakehead University - Bora Laskin Faculty of Law ( email )

955 Oliver Road
Thunder Bay, ON P7B 5E1
Canada

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