In the late nineteenth century Christopher Columbus Langdell, Dean of Harvard Law School,
introduced a new pedagogy in law that was designed around Socratic teaching. Prior to this, most
common law jurists had emphasised the importance of artificial, natural law reasoning which was
prone to be more subjective, speculative, value laden, and ultimately illogical (Davies, 1994, p. 110).
This new pedagogy placed law cases at the centre of students’ learning, and demanded much more
from the students in terms of analysis and defence of legal explanations. In particular, it involved a
case-dialogue method, where students are called upon to recount facts, argue legal principles and
explain their reasoning in the lecture hall before an authoritarian lecturer. All of this was designed
to mirror the combative realities of adversarial proceedings. So, for example, in a lecture, the lecturer
might demand of a student the facts of a case, the legal points at issue, the court’s reasoning by
reference to other cases, the underlying legal doctrine or principle, and the effect that an altered fact
pattern might have on the outcome.
History
Publication
Making Connections: strengthening and documenting intentional teaching for integrative learning, Higgs, Bettie, Kilcommins, Shane & Ryan, Tony (eds);chapter 5, pp. 73-90
Publisher
NAIRTL: National Academy for Integration of Research, Teaching and Learning