Origins of the law degree
In Europe the first academic degrees were law degrees, and the law degrees were doctorates. The foundations of the first universities were the glossators of the 11th century, which were schools of law. The first university, that of Bologna, was founded as a school of law by four famous legal scholars in the 11th century who were students of the glossator school in that city. The University of Bologna served as the model for other law schools of the medieval age. While it was common for students of law to visit and study at schools in other countries, such was not the case with England because of the English rejection of Roman law (except for certain jurisdictions such as the Admiralty Court) and although the University of Oxford and University of Cambridge did teach canon law until the English Reformation, the importance of common law was always superior to civil law in those institutions.
The history of legal training in England
The nature of the J.D. can be better understood by a review of the context of the history of legal education in England. The teaching of law at Oxford University was for philosophical or scholarly purposes and not meant to prepare one to practice law. Professional training for practicing common law in England was undertaken at the Inns of Court, but over time the training functions of the Inns lessened considerably and apprenticeships with individual practitioners arose as the prominent medium of preparation. However, because of the lack of standardization of study and of objective standards for appraisal of these apprenticeships, the role of universities became subsequently of importance for the education of lawyers in the English speaking world.
In England in 1292 when Edward I first requested that lawyers be trained, students merely sat in the courts and observed, but over time the students would hire professionals to lecture them in their residences, which led to the institution of the Inns of Court system. The original method of education at the Inns of Court was a mix of moot court-like practice and lecture, as well as court proceedings observation. By the seventeenth century, the Inns obtained a status as a kind of university akin to the University of Oxford and the University of Cambridge, though very specialized in purpose. With the frequent absence of parties to suits during the Crusades, the importance of the lawyer role grew tremendously, and the demand for lawyers grew.
Traditionally Oxford and Cambridge did not see common law as worthy of study, and included coursework in law only in the context of canon and civil law and for the purpose of the study of philosophy or history only. The apprenticeship program for solicitors thus emerged, structured and governed by the same rules as the apprenticeship programs for the trades. The training of solicitors by apprenticeship was formally established by an act of parliament in 1729. William Blackstone became the first lecturer in English common law at the University of Oxford in 1753, but the university did not establish the program for the purpose of professional study, and the lectures were very philosophical and theoretical in nature. Blackstone insisted that the study of law should be university based, where concentration on foundational principles can be had, instead of concentration on detail and procedure had through apprenticeship and the Inns of Court.
The Inns of Court continued but became less effective and admission to the bar still did not require any significant educational activity or examination, therefore in 1846 Parliament examined the education and training of prospective barristers and found the system to be inferior to the legal education provided in Europe and the United States. Therefore, formal schools of law were called for, but not finally established until later in the century, and even then the bar did not consider a university degree in admission decisions.
Legal training in colonial North America and 19th century U.S.
Initially there was much resistance to lawyers in colonial North America because of the role they had played in hierarchical England, but slowly the colonial governments started using the services of professionals trained in the Inns of Court in London, and by the end of the American Revolution there was a functional bar in each state. Due to an initial distrust of a profession open only to the elite in England, as institutions for training developed in what would become the United States they emerged as quite different from those in England.
Initially in the United States the legal professionals were trained and imported from England. A formal apprenticeship or clerkship program was established first in New York in 1730—at that time a seven-year clerkship was required, and in 1756 a four-year college degree was required in addition to five years of clerking and an examination. Later the requirements were reduced to require only two years of college education. But a system like the Inns did not develop, and a college education was not required in England until the 19th century, so this system was unique.
The clerkship program required much individual study and the mentoring lawyer was expected to carefully select materials for study and guide the clerk in his study of the law and ensure that it was being absorbed. The student was supposed to compile his notes of his reading of the law into a "commonplace book", which he would try to memorize. Although those were the ideals, in reality the clerks were often overworked and rarely were able to study the law individually as expected. They were often employed to tedious tasks, such as making handwritten copies of documents. Finding sufficient legal texts was also a seriously debilitating issue, and there was no standardization in the books assigned to the clerk trainees because they were assigned by their mentor, whose opinion of the law may have differed greatly from his peers. It was said by one famous attorney in the U.S., William Livingston, in 1745 in a New York newspaper that the clerkship program was severely flawed, and that most mentors "have no manner of concern for their clerk's future welfare... is a monstrous absurdity to suppose, that the law is to be learnt by a perpetual copying of precedents." There were some few mentors that were dedicated to the service, and because of their rarity, they became so sought after that the first law schools evolved from the offices of some of these attorneys who took on many clerks and began to spend more time training than practicing law.
In time, the apprenticeship program was not considered sufficient to produce lawyers fully capable of serving their clients' needs. The apprenticeship programs often employed the trainee with menial tasks, and while they were well trained in the day to day operations of a law office, they were generally unprepared practitioners or legal reasoners. The establishment of formal faculties of law in U.S. universities did not occur until the latter part of the 18th century. With the beginning of the American Revolution, the supply of lawyers from Britain ended. The first law degree granted by a U.S. university was a Bachelor of Law in 1793 by the College of William and Mary, which was abbreviated L.B.; Harvard was the first university to use the LL.B. abbreviation in the United States.
The first university law programs in the United States, such as that of the University of Maryland established in 1812, included much theoretical and philosophical study, including works such as the Bible, Cicero, Seneca, Aristotle, Adam Smith, Montesquieu and Grotius. It has been said that the early university law schools of the early 19th century seemed to be preparing students for careers as statesmen rather than as lawyers. At the LL.B. programs in the early 1900s at Stanford University and Yale continued to include "cultural study," which included courses in languages, mathematics and economics.
In the 1850s there were many proprietary schools which originated from a practitioner taking on multiple apprentices and establishing a school and which provided a practical legal education, as opposed to the one offered in the universities which offered an education in the theory, history and philosophy of law.The universities assumed that the acquisition of skills would happen in practice, while the proprietary schools concentrated on the practical skills during education.
Revolutionary approach: Scientific study of law
In part to compete with the small professional law schools, there began a great change in U.S. university legal education. For a short time beginning in 1826 Yale began to offer a complete "practitioners' course" which lasted two years and included practical courses, such as pleading drafting. U.S. Supreme Court justice Joseph Story started the spirit of change in legal education at Harvard when he advocated a more "scientific study" of the law in the 19th century. At the time he was a lecturer at Harvard. Therefore at Harvard the education was much of a trade school type of approach to legal education, contrary to the more liberal arts education advocated by Blackstone at Oxford and Jefferson at William and Mary. Nonetheless there continued to be debate among educators over whether legal education should be more vocational, as at the private law schools, or through a rigorous scientific method, such as that developed by Story and Langdell. In the words of Dorsey Ellis, "Langdell viewed law as a science and the law library as the laboratory, with the cases providing the basis for learning those 'principles or doctrines' of which law, considered as a science, consists.'" Nonetheless, into the year 1900 most states did not require a university education (although an apprenticeship was often required) and most practitioners had not attended any law school or college.
Therefore, the modern legal education system in the U.S. is a combination of teaching law as a science and a practical skill, implementing elements such as clinical training, which has become an essential part of legal education in the U.S. and in the J.D. program of study. Today as a result of the development of the U.S. legal education system, law graduates receive more practical experience, but are nonetheless unprepared to practice law on their own upon graduation from law school.