Langdell's Legacy

8 Pages Posted: 11 Dec 2006 Last revised: 25 Apr 2018

See all articles by Dennis Patterson

Dennis Patterson

Rutgers University School of Law, Camden; University of Surrey - School of Law

Abstract

Professor Langdell ventured to classify law as a science. While his theory has since lost popular appeal, it is evident from a brief consideration of his claims that it was, in its own right, a very insightful explication of the nature of law. In this paper I discuss how Langdell's motivation to call law a science was most accurately interpreted to be in reference to the study of legal doctrine by way of reading exemplary cases. In science, data test the theory, in the science of law, the theory is paramount and the data(cases) must be viewed against the doctrinal backdrop. I further argue that the increased presence of nonlegal considerations for student in textbooks is evidence that Langdell's theory was largely on track in its assertion that the theory is paramount.

Suggested Citation

Patterson, Dennis, Langdell's Legacy. Northwestern University Law Review, Vol. 90, Available at SSRN: https://ssrn.com/abstract=950138

Dennis Patterson (Contact Author)

Rutgers University School of Law, Camden ( email )

Camden, NJ 08102-1203
United States
856-225-6369 (Phone)
856-751-8752 (Fax)

University of Surrey - School of Law ( email )

United Kingdom

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