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Why did university teaching of common law expand during the 19th century?
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Legal education
William Blackstone, oil painting attributed to Sir Joshua Reynolds; in the National Portrait Gallery, London.
The university teaching of common law did not develop significantly until the 19th century, as it had previously been viewed as parochial and unworthy of academic study compared to canon law or Roman law.1
In the United States, the expansion of university-based legal education during the 19th century was driven by a shift away from traditional apprenticeships toward formal institutional training. Key developments included:1
- Institutionalization: Independent law schools, such as the Litchfield Law School, were gradually replaced by university-based programs, beginning with the establishment of the law school at Harvard University in 1817.1
- Standardization: By the late 19th century, institutions like Harvard introduced rigorous academic standards, including mandatory courses, fixed requirements for the bachelor of laws (LL.B.) degree, and the use of full-time faculty scholars rather than part-time practitioners.21
- Pedagogical Innovation: The introduction of the case method by Christopher Columbus Langdell allowed students to analyze original authorities and derive legal principles, elevating the study of law to university standards.21