HARVARD

LAW REVIEW

VOL. XXXIII

FEBRUARY, 1920

No. 4

THE REBIRTH OF THE HARVARD LAW SCHOOL

THE

HE writer has been asked many times to give his recollections of the occurrences with which he was familiar during the early years of Professor Langdell's services to the Harvard Law School. He has hesitated to do this. But so urgent have been the requests, based in great measure upon the fact that those who were in the School during that eventful time are rapidly passing away, that he has reluctantly yielded. He is conscious that what he has written does not adequately portray the situation and events. He realizes that it is more or less fragmentary. But he has endeavored to give some accurate description of those days. It has seemed best to omit the names of teachers and students, even of those who were prominent. The single exception in the case of Professor Ames is necessary, in order that a salient characteristic of Professor Langdell's work may best be illustrated. If any feel that what is said is too eulogistic of Professor Langdell, the writer is sure that the survivors of those who were connected with the School in 1870-72 will not share that feeling. He is confident that there will be no difference of opinion concerning President Eliot's responsibility.

It is a striking fact that the Harvard Law School for almost fifty years, nearly one half of the period of its existence, has followed uninterruptedly the method of instruction originated by Professor Langdell in 1870, a method radically different from any

previously in use, and that this method has been pursued for many years by most American law schools.

Before that time the School had a wide and favorable reputation at home and abroad, and a history of which its graduates and friends were proud. It had had the services of eminent lecturers and professors who, in addition to instructing the students, had written legal treatises which were recognized as authorities. Among its graduates were men who had achieved the highest distinction on the bench and at the bar. Yet for some time before 1870 there was a growing dissatisfaction with the condition of the School and a feeling that the way in which it was being conducted was susceptible of improvement. Some requirements, while of apparent value, were not enforced. The laxity of study among many of the students and the ease with which the degree of LL.B. was obtained alike by the deserving and the undeserving were disquieting. Before the fall of 1870 the degree was given on the recommendation of the faculty to students who had studied three terms in the School, or who had studied two terms in the School and had been admitted to the bar after one year's study of law before coming to the School. Sufficient pains were not taken to ascertain whether they had in fact studied. The statement of the applicant, that he had studied and attended lectures, practically sufficed to gain the degree, a statement which, as can readily be understood, was freely given and accepted. While the greater part of the students were studious and a considerable portion were graduates of colleges, there were many of slight previous training who were attracted by the Harvard degree. Some entered a higher educational institution for the first time. Entrance to the School was free-i. e., without requirement as to previous study to all and at all times of the school year. It occurred occasionally that some of those who had attended a term, having learned of undergraduate happenings, felt it their privilege, if not their duty, to haze a newcomer. It is difficult for the graduates and members of the last forty-five years to realize this. In the lecture room the courses were not stimulating to many. Although the greater number worked faithfully and profited by their work, yet many preferred a course of ease. There was no examination for the degree.

In 1869-70 the faculty consisted of the president of the university and three professors of law, who were the teaching force.

There were three classes,-senior, middle, and junior. The method of instruction had been for years by lectures.

The authorities of the University examined carefully into the condition of the School, and a thorough reorganization resulted. The office of dean was created. Examinations for the degree were prescribed. In the spring of 1870 Mr. Langdell was appointed professor and made dean. These changes were fundamental in their effects on the future of the School. It has become a tradition. that President Eliot was led to appoint Langdell professor by his remembrance of hearing, while a junior in college, Langdell in his room in Divinity Hall talk law in a way which indicated genius. Undoubtedly this caused him to think of Langdell. But it should be said that before the appointment was made much time was spent and great pains were taken to obtain the fullest information about Langdell's work after he left the School and practiced law. Eminent professors, judges, and lawyers were conferred with. While opinions differed, as a result of the inquiry the School fortunately acquired the services of this rare man.

In the fall of 1870 the Law School was located on Harvard Square in Dane Hall, which was in the southwesterly corner of the yard of Harvard College to the west of Wadsworth House. The building was of brick and contained a lecture room in the second story, a library room in the first, and private rooms used by the regular professors. The entrance was up a few steps to a porch and thence to the main hallway. Then, as before, no entrance examination or particular course of previous study was required for admission. The only requirements were, first, age nineteen years or over, and secondly, good moral character. Students could enter at any time of the year. As before, the School was open to all at all times of the year. The liberality as to entrance was, of course, attractive. Of the students who were enrolled in the fall of 1870 more than one half held no degree from any institution of learning. Yet there were many well-educated men. The School offered a complete course of legal education, except in matters of mere local law and practice, for those intending to practice at the bar of any state of the United States. There were seven required and eleven elective studies. Instruction was given, first, in recitations; secondly, by lectures and expositions; thirdly, by moot courts; fourthly, by cases assigned to students for written and oral opinions; fifthly,