Page:The Green Bag (1889–1914), Volume 01.pdf/422

{{rh||Law Department of the State University of Iowa.379|} his course of instruction. The list of books having such an origin would be a long one and would include such leading treatises among the older books; as, Blackstone's Commentaries, Kent's Commentaries, Reeves' Domestic Relations, Gould's Pleading, Parsons on Contracts, Washburn on Real Property, and Greenleaf on Evidence. The lecturers who have thus reduced their work to printed form, have done so primarily to make it accessible to those who could not avail themselves of the oral lecture; but there seems to be no good reason why a teacher, who has carefully elaborated the doctrines of law on a particular subject, should not give such statement to his students in print. If the form of statement is valuable, and the information important enough to warrant laborious copying of the lecturer's words into a note-book, it is worth while to furnish them to him in accurate form.

JOHN F. DILLON.

The advantage of this plan of instruction is obvious, as enabling the student to more thoroughly charge his memory with the propositions stated, and to employ for that purpose the time when other instruction is not attainable. If instruction in print could thus be substituted for lectures, it would not be necessary to attend Law Schools. Its disadvantages, on the other hand, are, first, that it does not give perspective. An important principle is stated in as few words and in the same style as one which is, for purposes of systematic instruction, unimportant and collateral. There is a uniformity and monotony in the printed page which lulls the mind into oblivion of salient points and fundamental principles. Again, the method of instruction by text-book induces a considerable reliance on the memory. It is very difficult, with beginners at least, to prevent the mere learning by rote of the language of the text-book, as though that were itself the unquestionable enunciation in oracular form of the rules of law. For it is not in law alone that it is found necessary to discourage reliance upon memory. In every science the student must be trained to substitute comprehension of the reason for memory of the form. But, especially in law, it is necessary from the very first to insist that the rule is found only in the reason of the case,—a reason guided by precedent, leading to a judgment which is not that of an individual but of the abstract legal mind.

It must be said, however, in behalf of instruction by text-books, that while it has serious disadvantages when the book furnishes the sole guide, yet these can be largely overcome in the class-room by a skilful teacher. By oral explanation and illustration the want of perspective can be supplied and the fundamental doctrines may be made to stand out in bold relief. The student may be compelled to rely upon his understanding rather than his memory. The interest of an oral exposition may be made to supplement the details of the printed statement, while the accuracy of the text supplements the analysis and arrangement of the