David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This article is the first to recover the dramatic transformation in criminal law teaching away from the case method and towards a more open-ended philosophical approach in the 1930s. It makes three contributions. One, it shows how Columbia Law Professor Herbert Wechsler revolutionized the teaching of criminal law by de-emphasizing cases and including a variety of non-case related material in his 1940 text Criminal Law and Its Administration. Two, it reveals that at least part of Wechsler's intention behind transforming criminal law teaching was to undermine Langdell's case method, which he blamed for producing a "closed-system" view of the law that contributed to the destruction of the first half of the New Deal. Three, it shows that Wechsler's text inspired an entire generation of law teachers who believed that criminal law should be taught as a "liberal arts" course, precisely so that law students would not become criminal lawyers. The legal academy's disdain for criminal practice, this article concludes, allowed scholars like Wechsler to introduce innovations in criminal law teaching that became a subsequent model for law teaching generally in the United States during the latter half of the Twentieth Century.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Only published papers are available at libraries|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
John Gardner (2007). Offences and Defences: Selected Essays in the Philosophy of Criminal Law. Oxford University Press.
R. A. Duff (2010). Towards a Theory of Criminal Law? Aristotelian Society Supplementary Volume 84 (1):1-28.
Douglas Husak (2008). Why Criminal Law: A Question of Content? [REVIEW] Criminal Law and Philosophy 2 (2):99-122.
Antony Duff & Stuart P. Green (eds.) (2011). Philosophical Foundations of Criminal Law. Oxford University Press.
Malcolm Thorburn (2011). The Constitution of Criminal Law: Justifications, Policing and the State's Fiduciary Duties. [REVIEW] Criminal Law and Philosophy 5 (3):259-276.
George P. Fletcher (2007). The Grammar of Criminal Law: American, Comparative, and International. Oxford University Press.
François Tanguay-Renaud (2012). Individual Emergencies and the Rule of Criminal Law. In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
Antony Duff (ed.) (1998). Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press.
Michael J. Gorr & Sterling Harwood (eds.) (1992). Controversies in Criminal Law: Philosophical Essays on Responsibility and Procedure. Westview Press.
Stephen Shute, John Gardner & Jeremy Horder (eds.) (1993). Action and Value in Criminal Law. Oxford University Press.
Added to index2009-01-28
Total downloads5 ( #178,805 of 1,089,047 )
Recent downloads (6 months)1 ( #69,722 of 1,089,047 )
How can I increase my downloads?