Upload
raphael-pangalangan
View
213
Download
0
Embed Size (px)
Citation preview
Berring
“The library was the laboratory of the law and law books the “stuff” of legal research.”
-‐Chirstopher Langdell (CL)
I. Setting
• Law was a science, a body of knowledge that had its own structure. o Reducible to rational propositions. o Rational system aimed to break away from irrational prejudice.
• Blackstone-‐ law perceived in a seamless web. o Common law could be logically explained and was part of the
system. • Natural law provided the premise that there was structure and
foundation to build a rational system. o A universal truth. primary authorities could be used to indicate
the larger structure. • Written reports or cases is the embodiment of common law.-‐ CL
o Common law leads to understanding of Law’s structure. o Pieces of the puzzle put assembled into one coherent picture.
Year Books-‐ manuscripts of notes taken down concerning actions of the court. (Case Reports)
Nominative case reports-‐ Notes gathered. Individually compiled. Publihsed as illustrations.
• Satisfied the need of “precedent” given there were no written reports at the time.
• Such publications of the histories of important cases produced a permanent system of common law –Ephraim Kirby p2.
• At the time, there was no system, case reports were subjective and intellectual input involved.
o It was the reporters reputation that determined its acceptance.
• Official Reports needed to carve out a distinct “American” Common law.
o The impression of lawyers as masters of memory and logic came to an end with the growth of legal reports.
o The subjective form of earlier reports were replaced with mere disorganized reporter’s works.
o Creation of legal activity gave birth to the need for better tools. Development of West Company (Arewa)
• Standardization of reports through verification with presiding judge.
Other means available such as The English model • Chose portions of the decision
Latter did not prevail. Need for all precedents to be available.
Through the standardization, publication grew apace. • Memory could no longer serve as a main toll
and was replaced with a research system.
II. Legal Literature and Legal Thinking
• Development of specialized tools needed to systematize the growing number of cases, and satisfy the market of lawyers.
o Precedent did not emerge from digested cases, but from a large body of unorganized principles.
Restatement effort-‐ Made in effort to provide an intelligent summary.
• Did not replace the actual case. Merely because a secondary authority.
• West was able to get it. Provided a structure to organize law.
III. The Current Situation
• The form of presentation can be as important as the information itself.
o Information once unindexed or misplaced can be forever lost. o West structure provided a skeleton off which the system was
built. Changed in the digital era.
• Lexis and Westlaw both provide a system where one can search per word-‐ a remarkable conceptual advance because one can easily sift through mass of cases.
• Ability to search freely brings us closer in the exposure of common law.
o Individual researchers are able to go online and fit their thoughts into pre-‐exisiting cases.
As a result, law will specialize even further. Might develop to a point without old conceptual
constraints and become more positivist. • This could either be the development of a new
meaning of law or the final stage of devolution to plumbers.