Logo image
Critical teaching
Lecture   Open access

Critical teaching

Jay Feinman
Rutgers University
2020
DOI:
https://doi.org/10.7282/t3-gj2k-y810

Abstract

Critical legal studies Law school teaching Legal Education
This is a reflection on the engagement of the critical legal studies movement with law school teaching, focused on the teaching of private law, which I know best. I'm putting aside the many other things that were going on in legal education at the time that affected law school teaching in related ways, such as the rise of clinical teaching and social activism, increases in the number of women and people of color in law schools, and the overall surge in enrollments. Common themes and approaches ran through the state of law teaching prior to the advent of CLS. Legal realism had undermined the concept of a formal rule system but had not entirely abolished it. A key element of the law school experience was teaching students " thinking like a lawyer, " but there was no systematic meaning to that concept. Instead, it was composed of a variety of craft skills, such as generating broad and narrow holdings of cases and applying maxims of interpretations to statutes, and relatively unsystematic policy analysis. The jurisprudence about legal reasoning had not deeply penetrated the doctrinal classroom. Particular subjects had core concepts— the protection of legitimate expectations in contract law, optimal incentives for proper conduct in tort law—which allowed for a degree of armchair empiricism and the construction of arguments about desirable results. The combination of method and substance led students either to a belief that private law broadly supported the existing social and economic order, with room for change at the margins (neoclassical contract law is a good example), or to a skepticism about law based on the malleability of rules.
pdf
Critical teaching162.31 kBDownloadView
Open Access
url
Report an accessibility issueView
Please complete a content remediation request to report an accessibility issue with a library electronic resource, website, or service.

Metrics

12 File downloads
67 Record Views

Is new version of

Details

Logo image