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Law in Contemporary Society
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Death to Socrates!-- By MinaNasseri - 12 Feb 2008 “We use the Socratic method here. I call on you, ask you a question, and you answer it…Through this method of questioning, answering, questioning, answering…you teach yourselves the law, but I train your mind. You come in here with a skull full of mush, and you leave thinking like a lawyer.” The Socratic method, described above, sounds desirable on its face. An ideal law school classroom would involve this inquisitorial exchange whereby the student’s “skull full of mush” is transformed into a fine-tuned legal mind. But the man quoted above is Professor Kingsfield of The Paper Chase, the archetype of the Socratic method gone wrong. In The Paper Chase, Kingsfield uses the desirable method he describes to create a reign of terror in his classroom. The professor calls on timid students and drills them until they feel helpless and humiliated. In fact, the Kingsfield model of the Socratic method does not aim to teach students how to think like a lawyer, but to accept that the professor is smarter than they will ever be. Admittedly, Kingsfield is a fictional character meant to exaggerate the harsh aspects of a Socratic instructor. That does not, however, negative the actual pitfalls of the Socratic method. This unique teaching method is desirable, in theory. As applied in a modern law school classroom, however, the Socratic method has no advantageous qualities and is wholly ineffective. It is merely a reliable mode of instruction that professors use because it is comfortable for them to do so. Reliance on the Socratic method prevents the implementation of more effective modes of teaching. As such, the Socratic method should be abrogated by American law schools and replaced by alternative methods of teaching.The Ideal: The Socratic Method As IntendedThe Socratic method was originally a mode of philosophical inquiry. An inquisitor would pose a series of questions concerning a central issue and would continue the questioning until the student contradicted himself. In leading students to contradiction, the instructor showed students the nature of their ignorance. Thereafter, a Socratic teacher posed a new series of questions to help the student construct the knowledge that he had just discovered was lacking. The goal was not to trap students in their own contradictions, but to develop their ability to think independently and analytically.The Reality: The Socratic Method As AppliedThe Socratic method used in law schools today bears very little resemblance to the method expounded by Socrates. It has become a “watered-down” version of itself, where students are asked the facts of a case and little else. Unlike the Socratic teacher, the modern law school professor does not wish his students to explore their beliefs, but to merely recite the factual absolutes of the case. Instructors make very little effort to guide students’ thought processes during questioning; the emphasis is placed on whether the student read thoroughly enough to remember every minute fact of the case and all aspects of the opinion(s). The Socratic method as applied today focuses on the what - a complete divergence from the why and how -driven inquiries of Socrates. Furthermore, the Socratic method's coupling with the casebook method places an undue emphasis on memorizing court decisions. Due to a fear of being called on, students read the assigned cases with an unwarranted attention to detail. They dwell on the minutia of case law and neglect to focus on the overarching concepts that drive the law. Students also derive little to no practical benefits from the process of factual memorization and regurgitation encouraged by the Socratic method. The Socratic method as applied, essentially a factual interrogation by an intimidating authority figure, has harmful psychological effects on students. Most students associate the method with feelings of anxiousness, apprehension, and fear. Students hesitate to admit confusion or ignorance--originally considered a Socratic virtue--for fear of sounding unintelligent or unprepared. This negative psychological impact drives students to take drastic measures. Some students prefer to miss class rather than risk being interrogated. Others resort to playing “musical chairs,” hoping that not sitting in their assigned seats will reduce their chances of being called on.Alternative Methods of InstructionSince it is an ineffective teaching mechanism, the Socratic method should be abrogated by American law schools. It is currently being used as a “crutch” for many professors, who find it easier to do what has always been done rather than to implement alternative teaching methods. Elimination of the Socratic method will, in turn, drive faculty to develop more effective methods of legal instruction. Proponents of the Socratic method argue that it equips students with essential legal skills, such as oral advocacy. However, any skill acquired by students through the Socratic method can be taught through a superior, alternative teaching mechanism - one that does not leave students feeling apprehensive and fearful. One potential alternative is the clinical teaching method, which uses simulation and supervised work to equip students with practical legal skills. The clinical mode of teaching, which is lacking in the first year curriculum, would provide students with real-world legal instruction such as how to counsel clients or how to draft legislation. This mode of instruction, coupled with the foundational concepts of the law, would teach students about the real work of a lawyer. Law schools can also focus on fostering a cooperative, communal learning environment where professors engage the entire class rather than just one student. In such a setting, a professor would pose a question for all to discuss and students would feel free to volunteer their opinions. Professors could also assign problems for students to work through in groups and present to the class. A cooperative environment will allow students to learn how to collaborate with one another while equipping them with the skills (oral advocacy, analytical, etc.) that the Socratic method's supporters claim are unique to an interrogative environment. In sum, American law schools have too long relied on the obsolete and ineffective Socratic method for teaching. They should eliminate the Socratic method and think creatively to produce alternative modes of instruction.You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" on the next line: # * Set ALLOWTOPICVIEW = TWikiAdminGroup, MinaNasseri
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