Word: legalism
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Dates: during 1930-1939
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Heralded as a reply to the innovations at the Yale Law School. Dean Pound's annual report fails to stress sufficiently the fundamental issue which challenges law schools all over the country, namely, whether or not the theory that judgment is a matter of purely legal logic, upon which most of our law training is based, has outlived its usefulness...
...obvious that the case-system, which predominates at Harvard, is based on the presumption that legal decisions are made with reference to the letter of the law and that previous decisions should determine the conduct and disposal of all legal problems. As an expression of this type of thinking carried to the extreme we cite the famous remark of a Harvard professor to the student who mentioned Justice, "If you want Justice, go to the Divinity School." This statement is eloquent in its crass failure to meet the issue...
With the increasing belief in individual treatment of each problem, a belief admirably demonstrated, in criminal cases at least, by Professor Glueck's studies, a grave question is raised on the matter of methods in legal training. If a lawyer in presenting a case and a judge in passing judgment on it, must obey the monistic theory now so favorably regarded, it is doubtful whether the case-system and the methods which it implies, is a satisfactory medium of approach...
...radical change must be made in the Law School's present system of presenting a legal education. This change may take either one of three forms...
...declared that every debtor who has agreed to pay his debt in gold coin of a certain value, or in any amount of money measured thereby, shall be discharged from that debt upon payment dollar for dollar in any coin or currency which at the time of payment is legal tender for public or private debts. More simply stated, it means: That under the former value of money, the $100,000,000,000 of outstanding gold clause contracts call for the debt to be paid at the old rate of 25.8 grains of gold to the dollar, whereas...