David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Contemporary discussions about the need to reform legal education, culminating in the 2007 Carnegie Report, should be put into a broader historical, philosophical and ethical perspective. Three hundred years ago the Italian humanist, Giambattista Vico delivered his famous oration, "On the Study Methods of Our Time," in which he lamented the rise of Cartesian critical philosophy at the expense of the cultivation of imagination, prudence and eloquence. Vico discussed law and legal education as his primary example, and his oration therefore provides an incredible resource for our contemporary deliberations. Part One considers the literature addressing the demise of legal professionalism in terms of both theory and practice, with particular attention to work by Karl Llewellyn, Anthony Kronman, and the Carnegie Report. Part Two describes Vico's celebration of the "ingenuous method" of arguing from commonplaces, and shows how he linked this approach to education to law. Part Three considers the import of Vico's work for today's discussions and contends that legal education must seek to cultivate rhetorical knowledge, and that legal professionalism is largely shaped by rhetorical knowledge. The final version of this article will appear in a Symposium of the Chicago-Kent Law Review entitled, "Recalling Vico's Lament: The Role of Prudence and Rhetoric in Law and Legal Education.".
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
Francis J. Mootz Iii (2009). Vico and Imagination: An Ingenious Approach to Educating Lawyers with Semiotic Sensibility. [REVIEW] International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 22 (1):11-22.
Similar books and articles
Ryan Patrick Alford, How Do You Trim the Seamless Web? Considering the Unintended Consequences of Pedagogical Alterations.
Imer B. Flores & Gülriz Uygur (eds.) (2010). Alternative Methods in the Education of Philosophy of Law and the Importance of Legal Philosophy in the Legal Education: Proceedings of the 23rd World Congress of the International Association for Philosophy of Law and Social Philosophy "Law and Legal Cultures in the 21st Century: Diversity and Unity" in Kraków, 2007. [REVIEW] Franz Steiner.
Donald Phillip Verene (2002). Vico's Method of Studies in Our Time. New Vico Studies 20:13-18.
Rhonda V. Magee, Legal Education and the Formation of Professional Identity: A Critical Spirituo-Humanistic - 'Humanity Consciousness' - Perspective.
James R. Maxeiner, The Rules of Law in the Reform of Legal Education: Teaching the Legal Mind in Japanese Law Schools.
James R. Maxeiner, American Law Schools as a Model for Japanese Legal Education? A Preliminary Question From a Comparative Perspective.
Sorry, there are not enough data points to plot this chart.
Added to index2009-01-28
Total downloads2 ( #385,995 of 1,413,358 )
Recent downloads (6 months)0
How can I increase my downloads?