Paradigm constraints in crafting questions for the qualitative exploration of legal theory by scholars in legal education: Lessons from Dean Roscoe Pound.

摘要

The twentieth century in legal education began with Dean Roscoe Pound of Harvard Law School demanding that law take broader perspectives. The time had arrived for sweeping changes in how judges judged, law professors taught, and lawyers practiced. For thirty years Roscoe Pound labored tirelessly in the design of a “Sociological Jurisprudence.” Toward the end of Pound's twenty years as Dean of Harvard Law School, Karl Llewellyn of Columbia Law School crafted a second perspective on law, which he called “Legal Realism”. Pound retired from his role as Dean in 1936. In 1935 the German Scholar Ludwig Fleck published a work which studied the nature of science, and articulated important precepts and maxims about how the structure of science precluded innovation and creative design. By 1963 Thomas Kuhn published a sequel to Fleck's work titled “The Structure of Scientific Revolutions.” Kuhn endeavored to set the contours of science which could be identified as constraints to the formation of new knowledge.;Roscoe Pound and Karl Llewellyn set out to bring the American legal process forward by monumental steps in how law was taught and practiced. American legal education up to the late nineteenth century was a system of apprenticeships. Young men paid law firms to gain experience in the law. Their time was sold for more than they were paid, and law firms enjoyed the benefits of the apprenticeship system. Today, law schools approved by the American Bar Association prepare and graduate candidates for licensing exams. Thirty percent of those are not prepared to be examined, and fail the state bar exams.;This thesis explores the process used by Pound to create his “Sociological Jurisprudence,” examines Pound's biographical and personal history, studies his design process, then articulates qualitative design questions and policy recommendations for improvements in the construction of new legal paradigms and academic policy for law school graduates. By comprehending how difficult change is in design though understanding Fleck and Kuhn's constructions of paradigmatic constraints, a path is carved to forward new scholarship representative of Pound and Llewellyn's skills and abilities.