Misplaced Pages

Talk:Christopher Columbus Langdell: Difference between revisions

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.
Browse history interactively← Previous editNext edit →Content deleted Content addedVisualWikitext
Revision as of 17:56, 5 March 2010 edit81.106.115.153 (talk) contradictory and misleading← Previous edit Revision as of 18:28, 5 March 2010 edit undo81.106.115.153 (talk)No edit summaryNext edit →
Line 14: Line 14:
==contradictory and misleading== ==contradictory and misleading==


Chris Langdell regarded the elucidation of legal truth as a scientific enterprise. By a method of socratic enquiry, he believed that truth would emerge in the manner that succesful biological forms survive across time by a process of natural selection. In this he foreshadows Karl Popper. It is well known that Langdell's Pragmatism was influenced by Darwinian ideas. Pragmatism stands at variance with the seventeenth century idea that science is the uncovering of eternally valid mathematical truths. Pragmatism states that truths arrived at may or may not have this eternal quality but we cannot know this for sure. Science is thus a matter of conjectures and refutations - truthful propositions surviving by means of natural selection. All of this is very contrary to the Platonistic assumptions of Spinozan or Cartesian seventeenth century rationalism. Langdell had a very differnt idea of truth. <span style="font-size: smaller;" class="autosigned">—Preceding ] comment added by ] (]) 17:31, 5 March 2010 (UTC)</span><!-- Template:UnsignedIP --> <!--Autosigned by SineBot--> Chris Langdell regarded the elucidation of legal truth as a scientific enterprise. By a method of socratic enquiry, he believed that truth would emerge in the manner that succesful biological forms survive across time by a process of natural selection. In this he foreshadows Karl Popper. It is well known that Langdell's Pragmatism was influenced by Darwinian ideas. Pragmatism stands at variance with the seventeenth century idea that science is the uncovering of eternally valid mathematical truths. Pragmatism states that truths arrived at may or may not have this eternal quality but we cannot know this for sure. Science is thus a matter of conjectures and refutations - truthful propositions surviving by means of natural selection. All of this is very contrary to the Platonistic assumptions of Spinozan or Cartesian seventeenth century rationalism. Haider Ala Hamoudi's claim that Langdell's approach was 'excessively rigid and dependent on formal exercises of logic, allowing the jurist or judge comparatively little control over the development of legal rules' is the diametrical opposite of the whole character of the innovations that Langdell brought to the teaching of Law at Harvard. Langdell did away with the dogmatic character of legal education as had previously existed. He asked students to reason for themselves rather than expect to be taught The Truth. Langdell had worked for many years as a barrister in New York City before being appointed Dean of the Law school so he was very familiar with legal process as it worked in reality. He wanted students to be able to think on their feet when they became barristers and judges themselves. <span style="font-size: smaller;" class="autosigned">—Preceding ] comment added by ] (]) 17:31, 5 March 2010 (UTC)</span><!-- Template:UnsignedIP --> <!--Autosigned by SineBot-->

Revision as of 18:28, 5 March 2010

WikiProject iconBiography Start‑class
WikiProject iconThis article is within the scope of WikiProject Biography, a collaborative effort to create, develop and organize Misplaced Pages's articles about people. All interested editors are invited to join the project and contribute to the discussion. For instructions on how to use this banner, please refer to the documentation.BiographyWikipedia:WikiProject BiographyTemplate:WikiProject Biographybiography
StartThis article has been rated as Start-class on Misplaced Pages's content assessment scale.
WikiProject iconLaw Start‑class Low‑importance
WikiProject iconThis article is within the scope of WikiProject Law, an attempt at providing a comprehensive, standardised, pan-jurisdictional and up-to-date resource for the legal field and the subjects encompassed by it.LawWikipedia:WikiProject LawTemplate:WikiProject Lawlaw
StartThis article has been rated as Start-class on Misplaced Pages's content assessment scale.
LowThis article has been rated as Low-importance on the project's importance scale.

Footnote 4

"However, Langdellianism failed to keep pace with rapid social change in the beginning of the century due to its insistence on timeless principles. It became less relevant as a swiftly changing polity required a new legal architecture and jurisprudential modality to develop rules more consonant with the reality of legal process. The notion that sixteenth century legal decisions would continue to govern life in the post-industrial world could simply not be sustained." That sounds like opinion. The fact that Langdell's theories became less popular should be enough, the requirements of a polity for various forms of legal architecture and jurisprudential modality is hardly so rigorously established that it qualifies as encyclopedic knowledge. If someone is quoted as saying something, that would be a fact that could be noted. TGGP (talk) 03:21, 3 February 2010 (UTC)

contradictory and misleading

Chris Langdell regarded the elucidation of legal truth as a scientific enterprise. By a method of socratic enquiry, he believed that truth would emerge in the manner that succesful biological forms survive across time by a process of natural selection. In this he foreshadows Karl Popper. It is well known that Langdell's Pragmatism was influenced by Darwinian ideas. Pragmatism stands at variance with the seventeenth century idea that science is the uncovering of eternally valid mathematical truths. Pragmatism states that truths arrived at may or may not have this eternal quality but we cannot know this for sure. Science is thus a matter of conjectures and refutations - truthful propositions surviving by means of natural selection. All of this is very contrary to the Platonistic assumptions of Spinozan or Cartesian seventeenth century rationalism. Haider Ala Hamoudi's claim that Langdell's approach was 'excessively rigid and dependent on formal exercises of logic, allowing the jurist or judge comparatively little control over the development of legal rules' is the diametrical opposite of the whole character of the innovations that Langdell brought to the teaching of Law at Harvard. Langdell did away with the dogmatic character of legal education as had previously existed. He asked students to reason for themselves rather than expect to be taught The Truth. Langdell had worked for many years as a barrister in New York City before being appointed Dean of the Law school so he was very familiar with legal process as it worked in reality. He wanted students to be able to think on their feet when they became barristers and judges themselves. —Preceding unsigned comment added by 81.106.115.153 (talk) 17:31, 5 March 2010 (UTC)

Categories: