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Talk:Christopher Columbus Langdell

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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)

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