LiberalArtsOnline Volume 3, Number 6
April 2003
by Judge Ted R. Todd
Jefferson and Switzerland Circuit Courts, Indiana
Legal education in America has traditionally thought of itself as an extension of a liberal arts education, with roots as deep as Western Civilization. John Adams and Thomas Jefferson, two lawyers who were leading architects of our independence, had a solid grounding in the liberal arts. Jefferson had an extensive list of books he would recommend be studied before one engaged in the practice of law. His list was strong on mathematics, natural philosophy, and foreign languages.
The United States, more than any other country, relies on law schools rather than an apprentice system for the vast majority of our legal training. The Socratic method was used almost exclusively in law schools from the time Langdell became dean of Harvard Law School in 1870 until quite recently. The idea of submitting questions but failing to provide the answer was a standard part of such education. Dean Jay Conison of Valparaiso University School of Law recently succinctly commented on the liberal arts connection to this training as follows: "...law school education, like traditional liberal education, equips a person with the knowledge, skills and experiences that allow him to be successful, and to assume leadership in an enormous range of endeavors." He then adds the telling point, "It also provides the foundation for life-long learning."
Before me there are cases that regularly involve subjects as diverse as DNA testing, the state of the art of engineering standards, or psychological evidence as it relates to eyewitness testimony. Justly deciding a child custody issue may depend upon weighing such diverse factors as health, religion, school systems, sibling relationships, and material presented through expert psychological testimony, to name but a few. The legal doctrine to be construed can be as esoteric and encrusted as the Rule in Shelley's Case, or as enticing as new federal environmental regulations as applied by a state agency or a local zoning board. To be able to handle such disparate topics requires a mind that sees connections and, while comparing apples and oranges, remains ever alert to the occasional persimmon in the mix.
How does one acquire such skills? Abraham Lincoln, with less than a year of formal education, could still achieve recognition as a preeminent trial lawyer and master of the short essay. Genius is always the exception that proves the rule. For the rest of us, the traditional liberal arts curriculum is the answer. There, we who lack the genius of a Lincoln can still obtain the tools that allow us to practice our craft.
I do not mean to imply that the subject matter to be studied in a liberal arts program need remain constant. Surely a case can be made today for studying Mandarin Chinese or Arabic in place of or in addition to French or Latin. Similar examples can be readily given in other disciplines. However, the principles remain the same. A lawyer needs learning that expands the mind and gives one an exposure to culture and the arts, as well as to the practical. He or she also must be able to work with numbers, as well as with words, and be able to understand a scientific theory and its supporting data. With such tools and a good work ethic, a person may successfully toil in the vineyards of the law.