Lv Shilun * Fu Chibin * *

AbstractThe movement of legal realism, as a kind of American law theory important school of legal thought, from its birth to the spirit of reform and innovation, criticism of traditional legal thought on the sharp American, and put forward a new paradigm of legal thinking: from the "law on the books" to "the reality of the method", to the judge's judicial activities from a focus on the role of the rule of law. The formation and development of the legal realism, has a great influence on the new legal thought USA postwar. So far, law, law, criticism of postmodern jurisprudence and the "new public law movement" are still flashing Realism Thought spark economic analysis. The reform and innovation of modern law education on the USA, legal realism especially plays an extremely important role.

Key wordThe reform and innovation of realist legal movement America law education America three law school

Lv Shilun, Professor, Law School of Renmin University of China, doctoral tutor;

* * Fu Chi Bin, PhD, Renmin University of China School of law

USA realism jurisprudence, law school is one of the contemporary legal theory the most noteworthy. It Oliver Wendell Holmes (Oliver Wendell Holmes) and the Pragmatism Jurisprudence development, by Carle Nicholson Llewellyn (Karl Nickson Llewellyn), Jerome Frank (Jerome Frank), realistic jurisconsults completed its theory system construction. In twentieth Century 20-30 years, the formation of realist legal movement in American grand scale, and the legal realism to a climax. The movement lasted until the 60's, in American legal thought, legal practice and law education, have had a profound impact. 70 years later, the realism jurisprudence, ideas and traditions were behavior law, economic analysis of law, criticism, inheritance law. Even in the 90's, in American "new public law movement", can be found in realistic jurisprudence.

Realist legal movement, began to reform and the critical spirit of the law USA bold innovation, and has achieved significant results, this paper brings forward a new paradigm of legal thinking: from the "law on the books" to "reality", to the judge's judicial activities from focus method the role of the rule of law. Methods and results of the study to meet the need of development of era, become Roosevelt period "official law", has become an important school of law has a great impact on the formation and development of USA later legal thought of. America Texas University Brian Ret (Brian Leiter) objectively pointed out: "legal realism American is twentieth Century USA's most important jurisprudence movement, it not only to America legal education and legal academic produced far-reaching historical effect, but also promote the development of USA legal reform and lawyer industry." Effects of legal realism to USA legal education, is directly related to USA law and legal development in the future. So, for the era of construction of civilization of rule of law in our country, the law should be highly concerned about, to absorb and draw lessons from the reasonable thing, to promote the scientific development of law education in china.

One, before World War II: contribution of legal realism to USA education reform

One of the main contributions of the legal realism, it completely changed the American law education model. With Llewellyn as the representative of the American realist jurists, influence on legal education is quite large.

1, Randall "case teaching method" negation

Randall Dean of Law School of Harvard University in nineteenth Century 70's (Christopher Columbus Langdell), as Austen's law analysis theory is introduced to American, founded the "case method" (case method), deduce method to analysis method instead of traditional concept and method. He believes that, in order to grasp the basic principles of law, we must study the judge's decision. To enable students to better grasp of the law system, teaching class should instead of the traditional Socratic method of discussing the question of.

Practice of this teaching method is: first, to a set of case method teaching (case books), such as the contract law, the criminal law textbook case law textbooks, which collects a department or a theme of representative cases. Before class the students according to the teacher's arrangement of careful preparation, including familiarity with some case, grasp the facts of the case and case according to, through their own independent thinking to the speech summary. Class by teachers as simple heuristic to guide the students to speak after the discussion, to investigate, analysis, evaluation of case. The final exam is to analyze the case as the main content. Case teaching method is helpful for students to vivid, lively learning; help to foster independent thinking, students' analysis, reasoning and expression ability; help to master in the legal profession, especially the practitioner working skills. At the beginning of the twentieth Century, the case teaching method has been carried out in all the law school America.

However, knowledge of the law case teaching method to make students learn is only limited to the case law, especially the judgment of the court of appeals, it makes the law and other disciplines to separate. In twentieth Century 20 years, Harvard University popular "case teaching method", become the realism jurisprudence mainly against the target, American jurisprudence had severe criticism of this teaching method. Frank Randall is a "full of crazy", he used the case teaching method of "misleading" American law education, he would appeal court myth. In Frank seems, Randall is "nerd focus book knowledge book convent". ② Randall's thought is that law is a science, the science of all can find the information in the printed text. According to the method of training to develop the law school's students, no doubt like keepers fed to the dog, the students learned too limited. Therefore, the teaching method America law school abandon this trite, carried on the bold reform on teaching methods and curriculum setting of law, with "practice", "seminar", "simulation of court" instead of "case teaching", improve the law school students found the legal fact, the ability to find the solution of the case.

The negation of Randall case teaching method of law school, pay attention to the law students' practice of legal realism, is a great contribution in the education of law, has the profound significance to the development America law.

Education innovation in 2, the Columbia University School of law

From the beginning of 1914, the Columbia University in Charles Clark (Charles E. Clark) under the leadership of Dean, bold reform on legal education. This year, Joseph Rui Deli Qi (Josef Redlich) submitted a report to the Columbia University law school, ready to challenge the law teaching method in the Law School of Harvard University, became the first jurist in the field. In 1921, Alf Reid (Alfred Reed) also advises on official "case teaching method" for reform. In 20, the Columbia University realist jurists made further research: they try to put the sociological jurisprudence to legal education. They believe that, because of course system to the division and the material is closer to the practice of law, reform will be a great success. The law as a social science and can get help from other social sciences, it is necessary to.

In the curriculum reform carried out in Columbia University was reflected in the three courses. A Herman Oliphant (Herman Oliphant) trade rules, a Raul - Ling (Noel Dowling) of the industrial relations, also a Ande Hull Moore (Underhill Moore) of the commercial law. In 1922, the course first opened to the third grade students, there are three aspects to be not of the common sort results. First, they are not in accordance with the law to organize the material, but according to the existing social and economic problems to organize materials. The results, in the trade adjustment covered in this course materials including contract law, tort law, equity law, criminal law and company law. This course will offend industrial relations law contract law, tort law, agency law, equity law and the constitution. At the same time, Moore also made progress in the area of commercial law. Second, Oliphant and Ling highlights some non legal materials and the relevance of their course. The students open their case tutorial, appear in front of them is the economy in the history of more than 30 pages of material; carbendazim course labor law cases often occur in economics and sociology materials. Finally, Oliphant and Ling used legal material in large quantities. ③ after the law professor's bold reforms and attempts, they gain great, make the students very satisfactory results in the new field of law education.

In the Legal Realism Movement, realistic jurisprudence education reform, is mainly the contribution of Llewellyn, he advocated is arranged with the law outside the course in the school of law, School of law experts to teach other subjects. Since then, the legal education America, there is not a law school law professor at the coaching situation, greatly broaden the horizons of students, improve the knowledge structure of law students, reflects the American is different from other countries in the world of law education.

After the Second World War, America of the law school from the choice of teaching materials to modify the layout, reflects the "reality" requirements, the law itself is also changing. Some scholars analyzed the legal materials cited since 50's of last century's American Federal Supreme Court, the New Jersey Supreme Court and a judgment in some other places in court and non legal materials. The results found that, not only the total amount of non legal materials cited in judicial decisions of the increase, but also a percentage relative to the legal materials cited in the judgment also increased. And, since 1960, America legal limits, to "intense research law and * *" in the title of the subject and the subject, such as law and economics, law and society, law and literature, law and politics etc.. Now, in any USA School of law, law and economics is a compulsory course. The law has undergone a revolutionary change, the American most influential jurists, if from the citation rate, almost all "mulatto", instead of the traditional law jurists. With the continuous development of profound changes in social life and emerging school of law, the law does not provide for oneself is a subject.

3, Harvard University anti formalism that

1916-1936 years, served as Dean of the law school in Pound period, Harvard University is still mainly carry out Randall's rigid teaching method, so that the vast majority of people in the Harvard University School of law is a legal formalism. Although the Harvard University law school dean Roscoe Pound (Roscoe Pound) was very worried, but in twentieth Century 20-30 years, legal realism has never occupied a dominant position in the Harvard University. In fact, in the control case teaching method Randall of stiff, Harvard University School of law has become a boycott law education "reality" of the center. However, Harvard University School of law is not only legal formalism. When 30's legal realism into the Law School of Yale University and Columbia University School of law, Harvard University School of law is not responding, but five people in the Law School of Harvard University, known as opposed to legal formalism. They are Felix of the Law School of Harvard University Frank Voet (Felix Frankfurter), James M Landis (James M.Landis), Edmond M Mo root (Edmund M.Morgen), Thomas R Powell (Thomas Reed Powell) and George Gardner ne (George Gardner). Felix Frank V let his students to break the durance of conceptual jurisprudence, encourage their relationship between all curriculum clear. He taught in contract law, students don't have to wait until the second year offering equitable, to learn about the issue of compensation contract law. Frank V the realism jurisprudence, break between the traditional constitutional and administrative barriers, the administrative law course resolution 2/3 in 1932 for a variety of administrative power components were taught, and these rights in accordance with the traditional approach is to give the constitution. Traditional jurists against Frank V in the constitution of the administrative law tendency, they think that all schools are provided with constitutional law, administrative law professor teaching should take administrative law into the constitution. Published in Frank V work of three years, the Federal Supreme Court by law a variety of power split, destroyed the core executive Franklin D Roosevelt, President of Yale Law School, experts and scholars of Frank V have farsightedness admiration. ④

Because learning method of Frank V reform of administrative law, so he used the realism jurisprudence of constitutional law again learning to reform, in order to be able to correctly understand the Federal Supreme Court actually played what role. In 1928, Frank V and James put forward in the report "their Supreme Court Affairs", "an effective judicial statistics system, should make the social review of our political system possible," analysis of different case before the court before the piece. Their conclusion is that, the factors in the history of the Federal Supreme Court played a decisive role in the Federal Supreme Court judicial power crunch, because of its expansion of the business has led to the judges of the Supreme Court judicial powers should be limited in the public law issues. 5

The importance of Thomas R Powell in favor of Frank V of judicial behavior. Powell, this may be the only one in the Harvard University graduated from law school not served as the "Harvard University law review editor holds a Juris Doctor from the Harvard University Professor, then went to Columbia University, where received a doctor degree in political science. At Columbia University, he met John Dewey his life the best tutor. In twentieth Century 20, Powell told his student of law, justice is the economic bias results. In 1923, when the Federal Supreme Court of law in 4 to 5 decision can't get the expected effect at the lowest cost, Powell wrote the article points out, if the case is a decision within 9 months, the legislation should adhere to. In the classroom teaching, he also insisted on their own point of view. H Thomas Auster en recalls, teach in Powell's class to him is "really no constitution such things, only to turn one's stomach decision of the Supreme court."

James M Landis is the traditional law education discontent. He taught the legislation law, the door had been removed from a curriculum and randall. During that term he teaching, he devised as anesthetics such themes, and let his students from different countries in the world practice commanding point to solve this problem. The students discussed how to amend the legislation, how to implement the legislation. By the end of this semester, each participating student has drafted a bill, he turned the draft summary, as a report to the Commission proposal proposal.

Of all the legal formalism's point of view, does not have what view than Frank volts, Powell and Landis method to the public is more thorough. Social jurists such as Pound strongly endorsed Holmes proposed federal Supreme Court of judicial legislation point of view. Pound and Holmes think, the law is one of the social sciences: judicial reasoning in judicial subjective reflection of judges, they show that the law construction is to consider the economic factors. Frank V and Powell through their research on the Federal Supreme Court, expand the social philosophy, and it is the classroom, but they can't support this view of Holmes and Pound together. Since that time, legislation has not yet become a traditional law school courses. Landis says with its is a rebel realist, as he is an empiricist. The lawyer is willing to become the empiricists.

The real contribution to the education of legal realism, is a private law field experiments and jurisprudence in the field of private law attempt. 20-30's, many realistic jurisconsults are strongly with the lawyers legal practice their students learn the law course together. They try to law and social science com., using functional analysis method, the legal education is more feasible.

A professor at Harvard University, has a realistic law of private law field, George Gardner ne. As a professor of contract law, GA ne wrote a series of articles for the 1932 "Harvard University Law Review", expounds 12 basic principles he thought the judicial behavior settle the contract dispute should be dominated, and predicted the decline of the contract law in twentieth Century. GA ne with realistic jurisconsults, by taking the place of contract liability for tort liability in the settlement of contract dispute that, to enter the crossing area of contract law and tort law.

Edmond M Mo root may be the only one to Harvard University to his students to clarify, the law is private practitioners working consciousness of scholars. He thinks, the evidence is between private law and public law, private practitioners and public lawyers need to be clear on this point. A study as a Harvard University law school graduate, Mo root at the Yale University for a short stay, in 1925 was invited to return to the Harvard University law school. At Yale University, he and Thurman Arnold, aware of the important judicial procedures like law, because the judicial procedures rules can make lawyers know how to use it. Morgan want authorization to young lawyers, by allowing them to grasp the "master the rules of evidence, and not let rules to control them, their way of thinking" theory, in order to avoid the "on social injustice and absurd idea."

Morgan realized because of its lack of do not understand the trial situation, many students find research evidence seems to be "on the technology use lame arguments and perverted logic", the use of mixed methods and problems he would let them use case like a lawyer analysis method, to challenge yourself. His case tutorial to make his students with a lot of the real situation to study the rules of evidence. Some cases with a lot of problems, so that students can judge how to deal with cases from different point of view, to analyze the case, draws the conclusion. He is not to solve the problem of the charge method, but has the opportunity to solve the problem personally. In all of the Harvard University law school professor, just as realist jurists and Harvard University scientists said the same, he is perhaps the first tendency of realism in legal theory and legal education. He makes legal education has more practical through, to increase the necessity and effectiveness of the law, his views have legal realism content.

All of this, all reflect the legal realism was related to the use of knowledge the importance of Social Science in law education, reflect the realism jurisprudence great contribution to education.

Two, after the Second World War: the innovation of legal realism in America in legal education

The new development of 1, Yale Law School: 1945-1950

In 1945, Yale University law professor Reed Rodale (Fred Rodell) published the book at Yale law review claims, "Harvard University law school is the hegemony of the kingdom", and ", Harvard University School of law in the last century once proud to carry on the education reform, but until now USA Harvard University 1945, behind the times, it behind the times." On the contrary, "now is much better than Harvard, Yale, closely follow the trend of the times, compared with the Harvard Yale students, they are in different languages." "However, Rodale warned, in the next period of time, the Yale must make great efforts to keep the milepost it pre war status, so as to avoid the long slide into Harvard. At this time, he and economist Walton Hamilton (Walton Hamilton) together to write the article, make unremitting efforts to stop the Yale to Harvard school.

Like other law school, during the war, a law professor at Yale Law School has many new job. By the spring of 1945, Yale law school only 14 teachers. The famous realist jurist -- Corbin (Corbin), Clark (Clark), Douglas (Douglas) and Alod (Arnold) -- are retired or left. Law school teachers are eager to recruit new teachers, so that the war was over, they can recruit more students.

In 1945 May, the school board in Galiwo (Gulliver) led to the postwar, recruit a group of people, they delineated by Dean Azissen, a Harvard Law Professor Henry Hart (Henry Hart), Oscar Cox (Oscar Cox) and Eugene Rostow (Eugene Rostow) on the recommendation of the Harvard University law school students. The members of the committee, Walton strongly opposed the minority view of the report, Hamilton privately to the advocates of criticism. For the views of the majority of people report, will Azissen Dean, Feeley Kos Frank V name as a candidate on the back of the expert committee of the list, he also wrote to Roscoe, Dai Fen (Roscoe Steffen), "we are eager to find a number of graduated from Harvard University student? Why not graduated from Harvard University students say 'no'?" Rodale and Hamilton finally win the game victory, they opposed the Yale University law school at Harvard. Finally, all of these committees of experts nominated graduate studies at Harvard University School of law students without a to yale. By 1946 January, teachers and added many Yale graduate student, a new realist scholars composed of School Committee replaced the traditional Marxist scholars Galiwo. Wesley Sturges (Wesley Sturges) in 1945 November, was elected as executive chairman of teachers at Yale Law School, he led the staff spent a period of adjustment after the war. In 1946 May, Yale University announced, Sturges was appointed as the dean of the law school.

Sturges was one and a half years of future, successful adjustment of teachers. In 1947 September, when Ande Hull retired, law school is not the same Henry Vaughn continue to sign the employment contract, and Walton Hamilton to Washington to join the legal practice of Harold and Fotuosi law firm. Study two Yale law school graduate student, George Breaden (George Braden) and David Harbert (David Haber) was employed as a teaching assistant. Commercial law expert Reed Ricky Kessler (Friedrich Kessler) and early most famous realist jurist Hessel Cloud Te Ma (Hessel Yntema) was employed as a full professor. Visiting scholar of Yale University, tort law, conflict law and domestic trade law experts and explanation of social science is pioneer Law -- Fowler Harper (Fowler Harper) will also serve as a full professor. The original is Professor of philosophy at Yale University law school F • S • C • Nao Shi Ruopu (F.S.C. Northrop) was appointed professor of English law philosophy. In addition, teachers also include anthropologists, political scientist Laswell (Lasswell). Moreover, the Yale University law school also hired a number of prominent be of noble character and high prestige realist jurists as a guest lecturer, School of law, every year to talk to two courses. Among them are: Thurman • alot, Feeley Kos Cohen, Abby, Fotuosi, Jerome Frank and Charles Clark. They are committed to the reform of legal education and bold attempt, the Yale law school full of vigor and vitality.

In 1946 -- 1950 years, in the course of the committee's encouragement, Yale Law School professor who published several this case tutorial. Selman's "case" labor relations, with joint efforts of a professor at Yale Law School and an economist, came out in 1949. George Dai Xun (George Dession) tutorial "case of criminal law, administrative law and public order" was published in 1948, the book so that students will learn and practice of criminal law into the company together. The same year, Meyers Mike Douglas (Myres McDougal) and the Yale University law school senior professor David Harbert (David Haber) published property law case in their. This 1200 page book covers all including property trade course to teach knowledge. Mike Douglas and Harbert also made their students to pay attention to realistic jurisconsults analysis of justice view articles and recent semantics, anthropology and psychology works.

In twentieth Century 40 time later period is 5 years after the end of World War II, a Yale law school curriculum examination to related to social science and social policy, related to the law occupation education advocate. Although the law occupation education is not so particular emphasis, but now than before more obvious concern. Since the beginning of 1946, held that students attend the seminar trial hearing, administrative agency, arbitration committee and the legislative council. In 1946, Jerome Frank began teaching about the trial course -- "fact finding" and Wesley Sturges lectures on the topic of arbitration. All of these courses is to try to let the students' attention from the traditional legal education in action as the core concept to legal practice. The courses focus on social science and social policy, its weight than the law occupation education much more. In late 40, at Yale law school had elective explosive situation. A lot of new electives are related to social science. In 1948, Yale Law School for lawyers, law students and other scholars, provides advanced legal studies in a one semester and the related social science.

The late 40's of the Yale University School of law than the previous 20-30's more "realistic". Effective protection of university administrators make legal realism has been maintained, and has made considerable progress. However, the 40's realist jurists never seem to realize that they made a great contribution. Yale University law school professor who only occasionally in the course of the case and their about legal realism. Perhaps they are mainly in the 30's in the Yale received legal realism education, so be accustomed to, is not so radical. But the realistic law made in Yale's achievements can not be ignored, especially Jerome Frank, Meyers Mike Douglas, Harold Laswell three of the traditional legal education challenges and achievements of realism jurisprudence education should not be underestimated.

2, the Yale realism jurisprudence and peaceful period: 1950-1960

In the first term and second term Sturges, Yale Law School's incentive is obvious. Although there are not many professional assignment, however, is still carried out a large number of high intelligence activities. Teachers with Sturges first semester, continue to give students a broad knowledge of the elective course. During the period of 1952 - 1953, the students have 82 electives. Although the vast majority of students still refused to make full use of these involve legal and social science curriculum, but the importance of Social Science in the course of more than 5 years ago, most of the. Special emphasis is placed on the three class George wearing Hoon and a psychiatrist to speak in psychology and psychiatry. Diagnosis and treatment of the treatment of mental problems with a combination of law, makes the students to observe the mental distress of adolescents and adults, and effective treatment. Psychiatry and law can check out the "development of the personal, social and legal permission and implementation." Legal and environmental issues teaching David Harbert, the Graduate School of short-term cooperative course.

Husband Reed Rodale talking about the law and public order, the lawyers know how to write the legal practice of legal instruments. Many of the old curriculum and the new curriculum by Nao Shi Ruopu and other professor, focus on basic course of law sociology and psychology: the recent law sociology and philosophy, science and philosophy foundation of social institutions, philosophical foundation of law, science and policy and legal principle and method. The number of international law courses are also on the rise, continue to put in the public law. 1947 - 1948 years, international law course only 4 doors, during the 1952 - 1953, the international law courses increased to 10. All courses are some fundamental: comparative law from the world organization and the law to Chinese. Compression only public law is down the law department, but the meaning is not too big: Department of law from the original 18 to 14 door door compression. ⑨

1950 - 1954, published a lot of case tutorial, which will help the students to better grasp on when encountered the situation of lawyers. During this period, Yale University law school professor who published 9 in this case tutorial. There are three covered the new field of law. Sturges published 1953 "arbitration law case" is derived from his arbitration subject research, this is USA opened on the subject to arbitration only course. At the same time, two out of the ordinary method used by Professor of Yale University law school to teach the law of contract. Edison Moore (Addison Mueller ) was a step by step to answer "steps" on the contract business people encountered problems. The book relates to the apartment building area. A series of problems of the book each chapter relates to an encounter, including borrowing money from others, from the drawings to decoration, to complete the housing construction. Muller, the years of business businessman, his works include the materials and documents all business firms need. He hoped that through a large number of pictures and background materials to better solve the problem of the contract. Like Muller, Yale University law school, Reed Ricky Kessler (Friedrich Kessler) and the University of Chicago (Malcolm Sharp), Sharp Malcom, let their students to boycott the Harvard University law school professor Samuel Willis meal (Samuel Williston) attempts to contract law restricted within a few legal principle that. They said "only this narrow distort the contract law in social progress really play a role." In their 1953 contract law case tutorial introduction further indicated that, "only know play different roles in various contracts in the society, can we truly understand the meaning of contract law." ⑩

The 1952 case tutorial "Fowler Harper family problems", pay attention to Kessler and Sharp concerned in the contract law of the relationship between family members of social policy. Harper more and more clearly know, Western civilization mistake this family conception on "ridiculous concept" basis. Religious leaders and social leaders think. "If married couples get along, they are happy life, they have children. If they have a, have no evil, they would have to show it, and put it." But the divorce rate is so high, resulting in a large number of children of broken families. "Show that in their cases, the most basic question than 'notion' more terrible. If so, then we need moral and law to overcome difficulties, to prevent them from other areas of infiltration."

From the late 40's to the early 50's, a professor at the Yale Law School in the course of the case they will under the provisions of the law on lower than the fact of the position to consider, they found a large number of non legal materials to demonstrate their concerns, more social public policy. At Yale, on the basis of Sturges from 1954 as the second president of the conclusion of legal education, adopted a realistic view of law. In 1954 the tax case tutorial Turk published by the end of 1958, few people of Yale University School of law, writing about the education of law article. The law school's internal policies and external political events attracted most of the professors of sight. Other Yale Law School professor of legal realism has been less enthusiastic. 1954 - 1955, in the course catalog, no case studies. 1955 - 1956, no case introduction course. In 1957, Jerome Frank died later, law school has not opened "fact finding" course. Although the education of law at Yale law school still is realistic, but compared with the previous, more atmosphere to light. At the same time, the legal education from 1946 to 1960, Harvard University law school, but more than ever a realistic characteristics.

The invasion of 3, Harvard University of Realism: 1946-1960

As the dean of the Harvard University School of law in the period 1916-1936 Roscoe Pound, because he advocated social view of law, the legal realism to the extreme exclusion. When Pound retired after 10 years, the Harvard University law school course reform is no better. In 1937, President Cornet Ant appointed James M Landis as the dean of the law school, during which he served as president, many legal scholars to join teachers to. But, Landis, the early New Deal liberals, who never meet in person, during which he served as president, but spend most of their time in Washington's government affairs, and spent some time at the University of Cambridge. He rarely touch the Harvard University law school. By 1946, he was drinking heavily, and as a young woman. His behaviour to all people of Harvard University. In 1946 May, Landis resigned as Dean and professor of law school, post.

In 1946 June, President Cornet Ant appointed Ewen Griswold (Erwin Griswold ) served as the dean of the law school. The dean is a very good man. He used the conventional 1/4 time is in 1925 from the Austrian Berlin University and got a Bachelor of Arts degree; in 1928, with the class the first results from the Harvard University to obtain a bachelor's degree in law. In 1929, he obtained a PhD in law from the Harvard University School of law. Then, Griswold to Crewe Rand, participate in the practice of law there; then went to Washington lawyer association office work. In 1934, he returned to the Harvard University law school, served as professor of tax law. Garces Ward as botanist Pound, is a very traditional person. He is a collector of stamps. Unlike Landis, Rhys Wald is a teetotaller, firmly opposed to divorce, it is said that his law school teacher always no one dare to think of divorce. And

The Garces Ward administration, indicates that the birth of a modern Harvard Law school. Like Pound, the new dean is a very earnest management home, write a student he had organized by the school newspaper, talking about how to solve the school laundry use problems caused by strong soap. Although this is the smallest things schools exist, but they did not escape his eyes. Garces Ward clearly recognized, school management must be decentralized, so more power than his predecessor. Garces Ward put his main focus on the students. He raised the requirements of professional technology college of law and standards, all for the law school admission person, must by law school entrance exam accepted by. He makes a more diversified law school, from the beginning of 1950, to allow women to attend the Harvard University law school. However, his most important job is to raise money for the school of law.

Decentralized management, Garces Ward provides more time for him, that he could to graduation from Harvard alumni there to raise more funds in many countries. He has had considerable success in this area. His predecessor, President, every year to raise money for up to $50000000, while he served as president of the 21 year, the money raised by almost $400000000 per year on average, reaching almost $2000000. With the money, he keep 1500 students there is before law school, so the teacher has doubled. He is also committed to repay the debt law school before the war, the school of law of foreign donations increased to 4 times, financial aid to 23 times. So in 1958, he will be the law school building area is further enlarged, many visitors to see such a large area, can not help surprised, "we saw a be hardly worthy of belief in the campus". A new dormitory, canteen, new new conference room, was built in 1950; International Centre for legal research building, teachers, office building and a new teaching building will have been completed.

Garces Ward did not like Pound to be a law onto oneself, he adopted many legal education thought of Pound. Like Pound, the new dean adhere to legal education formalism concept, as he said to prevent social science into law school curriculum system as, "the law was set as a means of social control, it is not only to achieve the goal of tools. The legal method, its history of its own and its own standards, these are other subject principle cannot have. To become a lawyer, must have a legal." ⒀

The previous 1947 College Law Education Commission report, did not reflect the thought of Garces Ward. The report's author Lorne Fuller, may be the first case law to propose reproduces the rationality and command, but the reason is the most important views. However, according to the Harvard University, Fuller is the radical. Fuller to the once popular in Harvard University's traditional law education to the best criticism. This report uses realism jurists critical methods of Harvard University, in many ways to confirm the effectiveness of realistic methods. In conclusion, the traditional legal education not only enable students to understand the law is a social science, also does not have the basic skills training for them to fulfill their duties as lawyers. This report in 1947, is in many ways the bold. The school curriculum committee criticized the case teaching method and law school teaching the law is not the same social science fusion error approach. However, for the solution of this problem is extremely limited. The Committee recommended radical thought, just stay in the important role that Harvard not by emphasizing the lawyer to enhance legal certainty this level.

Curriculum re positioning recommendations persuaded many people, the Committee wanted to Harvard to become a commercial college. Felix Frank V was one of them. He and 6 other famous alumni will classmates drew up a memorandum, said the school committee has recommended law education should move toward the "bread and butter", to meet the needs of people's daily life. The memo that Frank V's old friend Henry Hart very angry, but his old rival Pound very happy. Pound to Frank V wrote, he hopes this memorandum "can take further efforts, to prevent the wrong God chase". Lastly

Frank V and Pound don't worry, there is a combination of strong in Garces Ward leading bodies. Garces Ward, Harvard University School of law education "fundamental value" should be defined in the basis of legal education field, which he called "rigorous, rational principle, how to train the thinking". Garces Ward Dean was sure, in 1947 after the committee's report released in 13 years, the law school teachers with curriculum, change is not very obvious.

There are some changes in the first grade students in. The School Committee for the first grade students in the reading course of the proposals in the summer to be adopted. But this does not mean that fundamental changes have taken place in the first grade teacher in teaching. In 6 under the guidance of teachers, the first grade students all took part in group projects. Under the supervision of the implementation of this project David Cavos argument, the project has two goals. The first is the teacher, think through problems by increasing the students understanding of the legal procedure. The second is, "to eliminate those stop people can do a better job of mental disorder". In the second year, the need for this work are summarized. Previously, all the second grade students are required to take 5 courses, now in the late 40's, are required to take 8 courses. The 4 door is concentrated in the private law, in addition, they have 3 requirements for the third grade elective courses: Accounting and two public law, administrative law and the constitution.

In the years that followed, perhaps is because in 1947 the school committee stimulation results, School of law, an unconventional course. 1953 - 1954, the third grade students and graduate students can choose from 65 courses. In Garces Ward the first president in the report, he stressed the importance of international law to open, in 1953 and 1954, the curriculum is the 19 door on the international order, international economy and comparative law system content. International law is not only to expand their field. In 1953 - 1954 curriculum had 15 courses and subject to public law. In the next 5 years, offering the courses increased to 77. The law school students to open the 26 door and 15 door of public international law, added a trial practice courses and many seminar.

All of these changes course does not mean that the Harvard University became a replica of the Yale University. On the one hand, Harvard University one or two grade curriculum is restricted. On the other hand, although the school was to encourage the third grade students take a subject, but if they don't get special permission, they can not choose more than two door. Third, although the Yale University group wise are approved by many topics, but the number in the third grade and the vast majority of the one or two grade curriculum is constantly increasing traffic. Fourth, although the Yale University Harvard University in scale is 1/3, while it is in the period of 1958 to 1959 offer students elective course is 111 door, 77 door of Harvard University. Fifth, international law at Harvard offers courses focus on practice of international law, establish far more than the theoretical framework of international law. Finally, in the 50's, Professor of law at Harvard University, despite recommendations on social science attention, but they are not a Yale University professor of social science so crazy. To the 60's, the Harvard University School of law has never appeared as the economist Hamilton, philosopher, political scientist Laswell Nao Shi Ruopu such famous people. Of course, by this time, compared with 30 in Harvard University in twentieth Century, with Yale University really came closer.

The 20's to 60's, law education in Harvard University is not a thorough reform, in the words of Alvin Garces Ward, is that "these changes, increasing the number of elective courses, but we are still trying to finish with the same and very important task." In the Pound era, this important task is to develop training, qualified practitioner. Therefore, college made many adjustments. Some teachers in their classrooms began to use method of teaching. Elective courses, to the third grade students of international law and law of large and some recognition of social science and law. They provide a theoretical framework for the study of the third grade students in before entering, in order to expand the horizons of students from two aspects: on the one hand to participate in judicial activities, let the students understand the judicial process, in this respect is successful; on the other hand, the design scheme is the development law and legal institutions, this is failure. In 1960, the Harvard University has not become a hotbed of legal realism, but Harvard has gone to the legal realism. In December, 2003, Professor Merton lachawitz Harvard University School of law is still in the realism jurisprudence America, let the students discuss Holmes's influence on later realism jurisprudence, legal realism is a view of the similarities and differences of legal realism with lachawitz and slope of the view.

To promote the three law school legal education, the legal realism has a great development in the USA postwar, become full America jurisprudence and law is a legal thought widely. In the late 60's and social movement, law of rights, behavior law, economic analysis of law, all shining with the realism jurisprudence thoughts, the critical legal is to uphold the legal realism tradition, the formalism and objectivism legal thought to the relentless criticism, become legal realism radical seed. Further said, became popular in the western world after the modern legal thought, have also benefited some enlightenment on the legal realism.

ABSTRACT Legal Realism Movement was the most important indigenous jurisprudential movement in the United States during the 20-century, having a profound impact not only on American legal education and scholarship, but also on law reform and lawyering. From the beginning the realists criticized the American traditional legal thought, pointed to the role of human idiosyncrasy in legal decision making, stressed the uselessness of legal rules and concepts, and emphasized the importance of greater efficiency and certainty in law administration. Legal realism holds that judges do more than apply law; they make law, and in fact, have vast amounts of discretion. Only by studying judicial action, or consequences, can the legal system be seen as anything more than a set of rules on paper. To the present, the influence of the movement continues to be felt

Notes

Brian Leiter, American Legal Realism, The Blackwell Guide to Philosophy of Law and Legal Theory, P1;

The Laura Kalman, Legal Realism at Yale 1927 - 19601986 The University of North Carolina Press, P168;

The Laura Kalman, Legal Realism at Yale 1927 - 19601986 The University of North Carolina Press, P69;

The Harry Shulman, book review, Yale Law Journal 45 (1936), 198;

The Felix Frankfurter and James Landis, The Business of the Supreme Court (New York: Macmillan, 1928), pp. 52-53 (n.174), 300; Thueman Arnold to Frankfurter, 30 Mar.[1932], Box 21, Frankfurter Papers, Library of Congress (hereafter FFP, LC)

The Erwin Griswold, "Thomas Reed Powell," Harvard Law Review 69 (1956): 793-94; Powell to Dewey, n.d., Box A/A4, Powell Papers, Harvard Law School Archives

The Edmund Morgan and John Maguire, Cases on Evidence (Chicago: Foundation Press, 1934), Preface

The Fred Rodell, book review, Yale Law Journal 54 (1945): 899-900

Ibid.In 1947-48, the law school had offered eighteen courses on public law, five of which focused on public control of business. Five years later it offered fourteen pub-lic law courses: three courses on public control of business; four courses on taxation; administrative process; legislative process: welfare legislation legal aspects of loyalty and; security programs; SEC aspects of corporate Finance; communications and the law; a course on the First Amendment; and a course on the Supreme Court entitled public law today

The Friedrich Kessler and Malcolm Sharp, Contracts: Cases and Materials (New York: Prentice-Hall, 1953), p.1

And Fowler Harper, Problems of the family (Indianapolis:Bobbs-Merrill, 1952), p.xiii

And Joel Seligman, The High Citadel (Boston: Houghton Mifflin, 1978 P.72)

Go to Erwin Griswold, "Foreword," Journal of Legal Education 1 (1948): 65-66; see also Griswold, "Legal Education at Harvard," Harvard Law School Bulletin (1950)

Pound to, Frankfurter, 30 July 1947, Box90, FFP, LC

Kalman, Laura, Legal Realism at Yale 1927 - 19601986 The University of North Carolina Press, P228