This is an old revision of this page, as edited by Coolcaesar (talk | contribs) at 21:41, 2 July 2006 (Revising to remove redundant text (already at casebook), and clarifying further how the method works). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.
Revision as of 21:41, 2 July 2006 by Coolcaesar (talk | contribs) (Revising to remove redundant text (already at casebook), and clarifying further how the method works)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)The casebook method, also known as the case method, is the primary method of teaching law in law schools in the United States. It was pioneered at Harvard Law School by Christopher Columbus Langdell. It is based on the principle that rather than studying highly abstract summaries of legal rules (the technique still used in most countries), the best way to learn American law is to read the actual judicial opinions which become the law under the rule of stare decisis.
Towards this end, American law professors traditionally collect the best cases concerning a particular area of the law in special textbooks called casebooks. Some professors heavily edit cases down to the most important paragraphs, while deleting nearly all citations and paraphrasing everything else; a few present all cases in full, and most others are in between. One common technique is to provide almost all of the entire text of a landmark case which created an important legal rule, followed by brief notes summarizing the holdings of other cases which further refined the rule.
Traditionally, the casebook method is coupled with the Socratic method in American law schools. For a given class, a professor will assign several cases from the casebook to read, and may also require students to be familiar with any notes following those cases. In class, the professor will then cross-examine students about the assigned cases to determine whether they identified and understood the correct rule from the case, if there is one — in certain heavily contested areas of the law, there will not be any one correct rule, which is quite disturbing to new law students.
This teaching method differs in two ways from the teaching methods used in most other academic programs: (1) it requires students to work almost all the time with primary source material which is often written in obscure or obsolete language; and (2) a typical American law school class is supposed to be a dialogue about the meaning of a case, not a straightforward lecture.
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