WHY THIS TOPIC ?
The reason I chose this topic is because I have an interest in law, and after I finish my undergraduate education at the University of Maryland, College Park I would like to go to law school. As of now I'm looking at places like Georgetown Law or George Washington University Law. These are universities that today are considered to be some of the best in America (hence the reason I want to enroll in them).
As the semester started and we learned about the concepts of Knowledge, Literacy and Information of Early Modern England, I asked myself, "What would it have been like to become a lawyer during that time period, compared to now?"
What would my pre-professional education be like? Are there many differences between the education of current American law student compared to a Early Modern English law student?
These questions and many others are at the center of this project so that they maybe answered.
MY FINDINGS:
There are many differences between today's American Lawyer and the lawyer of Early Modern England. Everything from the components of their educational background to certain aspects of their professional careers. I will try to attempt to explain some of this aspects and go into some detail on what things a law student would have to deal within their law career.
Birds eye view of one of America's top Law Schools Georgetown University in Washington DC
An American Law Student's Education Background :
- Elementary Education: Grades Kindergarten - 5
The Pre Adolescent educational foundation is established. Student will learn to grasp the basic concepts of reading, writing, and mathematics. Elementary education also stresses emphasis on social development amongst peers, so that students may continue growth in a healthy manner throughout their educational life.
- Lower Secondary Education (Jr. High): Grades 6-8
Earlier concepts of of reading, writing, and mathematics are expanded upon. Concepts concerning the social sciences (history for example) and the physical/life sciences (astronomy or biology) are presented to students.
- Upper Secondary Education (Sr. High): Grades 9-12
Educational concepts developed in Jr. High are expanded upon. More complex concepts are taught to students, to prepare them for the university environment. Geometry and Trigonometry are expanded into a students math skills. More areas of concentration in consideration of professions are focused upon in Sr. High School (such as psychology classes or economic classes).
- University Education: Undergraduate Years
Concepts and facts are expressed to the highest level and value. A university education also offers areas that were not available in lower educational systems. The university brings educational concepts of both the concrete and abstract world, spanning from classes of Arts and Humanities to Engineering.
The university offers an education to develop the person as a whole, while also keeping a student focused on their main adjectives in their respective fields.
- Graduate Education: Law School Years
Law School is generally a 3 year commitment focused not only on how to make you a lawyer, but how to make you think logically. In law school its said that there is no right or wrong, you will win a case based on the logic one uses with the material they have and the application of the law of society.
Along with thinking logically a law student will learn how to argue effectively and will have experience with legal writing and how to provide authority and statutes to their analysis of the law. A law student will also learn about analyzing the law, writing legal contracts, have a torts class**, and generally learn more about the legal system of today.
**tort: is a wrong committed by one person against another; a civil, not a criminal wrong; a wrong not arising out of a contract; a violation of a legal duty that one person has toward another. Every tort is composed of a legal obligation, a breach of that obligation, and damage as a result of the breach of that obligation.
information provided by Making the Case: An argument Reader by Laurence Behrens
Picture of the Yale University Campus
WHAT EXACTLY IS LEGAL WRITING FOR TODAY'S LAWYER?
Some examples of legal writing are legal briefs, legal memorandums, Opinion/Advice Letters, Adversary Letters.
LEGAL BRIEFS: are made to explain the specifics of a case. The legal brief provides the facts, issues, rule, and reasoning behind the judgment of a case.
LEGAL MEMO: is an outline of the facts, legal issues, legal statutes associated with the legal issues, and an analysis of the overall case. The legal memo is made generally by a lawyer to their law firm in order to explain how strong of a case they have for a potential client.
OPINION/ADVICE LETTERS: are written after a lawyer has reviewed the claims brought by a client. The letter tells the legal analysis of the claim and also expresses how good of a chance that the client can win or lose the case. This letter is just an opinion based on the legal precedents involved in the claim.
ADVERSARY LETTERS: are written to the other party involved in the case. This letter outlines the claims brought about by a defendant and illustrates the legal aspects that have not been upheld because of the party's actions. (basically states what they did and why its wrong)
Again these are only a few examples of the legal writing that goes into being a law student or law professional.
**information provide by Writing and Analysis in the Law by Helene S. Shapo, Marilyn R. Walter, and Elizabeth Fajans
WHAT CAN BE SAID ABOUT THE EDUCATION OF TODAY'S LAWYERS?
Well hopefully this has shown that the educational background of today's lawyers are not rooted in the worshiping of Satan, as many of made the the mistake of thinking.
Lawyers have had the same general background education as many of us today. They went to an elementary school, to later enroll at their local jr. high school, and graduated from their sr. high school. Like many others lawyers endured the hardships of university life, in order to see which career path is best for them.
Picking law as their desired professional area, law students gain the knowledge and tools to work within the law community. They gain a better understanding of law analysis, thinking logically, and applying their skills to legal issues within society.
But what about, a English child in 15th century? What would is educational outlook be to attain the professional title of being a lawyer?
The school seal of the University of Oxford
An Early Modern English Law Student's Education Background :
It should be noted that during this period girls were not strongly supported to go to public schooling and for the most were schooled at home (if at all). The education of a English schoolboy within the Petty school, Grammar school, and later, university provided a well-rounded pallet of information.
The most elementary level of education was known as the Petty School. Here the main focus was to ensure that students reached grammar schooling. In petty schools, children initially learned reading, writing, and math, much like today's educational system.
In Grammar Schools a students education was focus around Latin. Mostly utilized through the teaching of history, drama, or literature Latin was maintain through out an English schoolboy's educational life. The expansion of the Grammar School came during the reign of Elizabeth I. Because of the strong emphasis of education by Protestant movement, Grammar Schooling providing education for young men throughout England.
Grammar Schooling essentially lead to ones development and placement within the university. Here Latin was used as the the language of choice (even after the Reformation). The university education focused on many different areas of the educational spectrum.
HERE IS AN DAILY SCHEDULE OF PRIVATE EDUCATION OF A YOUNG EARL OF ESSEX:
| 7:00-7:30 | Dancing | 1:00-2:00 | Cosmography |
| 7:30-8:00 | Breakfast | 2:00-3:00 | Latin |
| 8:00-9:00 | French | 3:00-4:00 | French |
| 9:00-10:00 | Latin | 4:00-4:30 | Writing |
| 10:00-10:30 | Writing and Drawing | 4:30-5:30 | Prayers, Recreation, Supper |
| 10:30-1:00 | Prayers, Recreation, Dinner |
WHAT AREAS WERE CONCENTRATED UPON (university education)?
THE EARLY MODERN EDUCATION WAS FOCUSED UPON THE 7 LIBERAL ARTS OF (with some popular authors/works of the respected field):
Grammar (authors: Priscian, Donatus, Villedieu, Cassiodorus, and some pagan and early Christian writers.)
Rhetoric (Quintillian, Cicero, Eberhard de Bethune)
Logic (Porphyry, Gilbert de la Poré, Hispanus)
Arithmetic (John of Pisa)
Geometry (Euclid, Boëthius)
Music (Boëthius, Jehan de Muris of Paris)
Astronomy (Gerard de Cremona).
THE FACULTY OF ARTS:
IN THE FACULTY OF LAW:
The principal Latin authorities are:IN THE FACULTY OF THEOLOGY:
The Bible, Peter Lombard, Church Fathers and great doctors of the church such as OrigenWHAT WAS EXPECTED OF AN EARLY MODERN ENGLISH LAW STUDENT/PROFESSIONAL ?
It should first be noted that when you worked in the English law world, you would work in one of two fields. You would either be a barrister or a solicitor. In terms of hierarchy the solicitors would be consider the lower branch. They were "subject to a more rigorous external regulation, while members of the bar seem generally more conscious of being 'by their profession...the first class of gentlemen' than anxious to assert and defend the social importance and worth of their calling" (Prest 85).
The barristers made up what we would call the Bar, in today's terms. They did not work with clients and defending people in the court of law like a solicitor. The barristers were only out powered by the judges and sergeants of the English legal world. To put it in today's terms, if there were to be a jury selection process, the barristers would be the jury board and the solicitors would be the lawyers questioning prospective jury members.
Much like lawyers of today a Modern English Law student/professional could expect a career of advocacy and counseling (if they were a solicitor). A solicitor would be trained in dealing with the following legal issues and analysis within the English Inns of Court:
I. Ownership of property
II. The right to sue
III. Constitutional regularity
IV. Contract and personal property
Information in this section provided by Rise of The Barristers by Wilfred Prest, The Legal Profession and the Common Law by J.H. Baker, and The Professions in Early Modern England edited by Wilfred Prest
WHAT CAN BE SAID ABOUT THE EDUCATION OF A EARLY MODERN ENGLISH LAWYER and TODAY'S AMERICAN LAWYER?
Looking at the educational system of Early Modern/Elizabethan England you can see that students were exposed to a very different yet some what similar process that we have today. It's similar to today's educational system because the reading, writing, and some math was the foundation of England's education.
Looking at English education one can say that English children had a more well-rounded education compared to that of today's American children. English students had a educational system of learning classical ideas based upon a strong emphasis of theological and liberal arts foundation. The argument can be made that American students do not have the opportunity for such a diverse educational pallet until they reach the university level.
Though both educational systems have their similarities and differences, they have provided the foundation needed to allow lawyers to service the law community of the respected time and culture. In both instances the analysis of law and providing legal precedents have to be established, as well learning the skill of logical thinking. This is true because law is not about being right or wrong but thinking logically to provide the best case with the legal material available and the information about a case.
Pictures provided by: The University of Oxford, Georgetown University Law School, and Yale University
A. Miller
History 419 L
last updated May 8, 2003
