Civil law’s influence on early United States law

It is a law-school maxim today that the United States is a common-law country, while most of Europe uses civil law: English-derived common law has as its most basic tenet the binding nature of judicial precedent, while Roman-derived civil law privileges statutes. But the more I investigate the history and details of each, the more clear it becomes to me that the United States, at least, owes (almost?) as much of its legal system to civil law as it does to “pure” common law.

Are universities about selling information?

I don’t believe universities (in their best form, at least) are easily replicated by technological means of information dissemination. But despite the advantages their physicality and tradition offers, many universities have tended to see themselves as simply the means to fill students up with information, stick an “approved” stamp on them, and send them out into the world.

Historians need to stop obsessing over writing books

Why are historians so obsessed with writing books?

Now that I’m on my second quarter of a PhD program in the History of Science, I am continuing to think about why I am doing this and what history (and History) has to offer, both to me and to the world at large. One concern I already have is with the apparent obsession with the book as the primary mechanism of disseminating the work of historians.

Law school is harder than grad school

I’ve been debating this since I started a PhD program this fall. (I’m talking about the humanities and social sciences — I don’t know if this applies in other fields!) Granted, grad school is a huge amount of difficult and complex reading. Since it’s essentially professional training for academics, it also means learning a new working environment, a new kind of jargon, and a new bureaucracy. What it isn’t — and what law school is — is a whole new way of thinking about and approaching the world.

Applying Robert Merton’s "The Normative Structure of Science" to the law

Robert Merton, in “The Normative Structure of Science” (from The Sociology of Science: Theoretical and Empirical Investigations), posits four sets of “institutional imperatives” that together “comprise the ethos of modern science”: universalism, communism, disinterestedness, and organized skepticism. How well do these four sets of imperatives describe the “ethos of modern law”?

Law school vs. graduate school

Last May I finished my 3L year, and am now the proud possessor of a JD. On Thursday I began my first year program as a graduate student in the history of science. The experiences, perhaps unsurprisingly, have been strikingly different: law school is, ultimately, preparatory to practicing law as an attorney, and much of its emphasis is on tracking students in that direction. Graduate school in the humanities and social sciences, meanwhile, is about training future academics.