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Over the years, many readers of this Report--notably
students wavering between graduate and professional school--have expressed
interest in having information about opportunities for philosophical study
in law schools. There are, of course, a number of similarities between
the study of law and philosophy: lawyers and philosophers both hone their
argumentative and dialectical skills (indeed, law is one of the few professions
other than philosophy in which the analysis, construction and refutation
of arguments is a central part of professional life); both are concerned
with clarity and logical rigor; and many issues in law--affirmative action,
abortion, privacy rights, punishment, contractual promises--have important
philosophical dimensions. Legal philosophy has been a thriving area of
debate in law schools ever since H.L.A. Hart's The Concept of Law (1961);
and issues of moral and political philosophy have been discussed both in
connection with legal philosophy, as well as constitutional law, torts,
and contracts. There is a large legal literature on the philosophical foundations
of criminal law (addressing, for example, issues about free will and moral
responsibility, and the justification of punishment); and more recently,
there has been a growing interest in law schools in philosophy of language,
metaethics and Continental philosophy.
Unfortunately, a great deal of what passes for "philosophy" in
law schools--even at some excellent law schools--is sophomoric. Students
thinking of getting a legal education, but who want to keep their philosophical
interests alive (or perhaps even pursue a career in legal academia), must
pick their schools carefully.
Many publications rank law schools; none do it competently,
and most produce rankings that are regarded as bad jokes by legal scholars
and lawyers. (The most notorious are the U.S. News rankings,
most notable for their bias in favor of small, private schools. For criticisms
of the U.S. News "methodology," and an attempt to develop a ranking
system based on more conventional academic criteria, see
http://www.utexas.edu/law/faculty/bleiter/rankings/.
This ranking is now the most serious competitor to U.S. News, and garners
more than 10,000 hits per week during the peak application season.).
For purposes of students thinking about teaching
careers, the most important factor is the scholarly distinction
of the faculty. There are some 180 accredited law schools in
the U.S., but the top 17 law schools in terms of faculty quality are (in
alphabetical order) the following:
Columbia University |
Cornell University |
Duke University |
Georgetown University |
Harvard University |
New York University |
Northwestern University |
Stanford University |
University of California, Berkeley |
University of California, Los
Angeles |
University of Chicago |
University of Michigan, Ann Arbor |
University of Pennsylvania |
University of Southern California |
University of Texas, Austin |
University of Virginia |
Yale University |
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Yale and Harvard are clearly at the top of this cluster, with Stanford, Chicago, Columbia,
and perhaps NYU close behind; Duke Northwestern, UCLA, and USC are towards
the bottom of this cluster.
Students should bear in mind that intellectual standards
in law schools are not the same as in philosophy departments.
A good deal of work at places like Yale and Harvard would be considered sub-standard
by scholars in the cognate disciplines, including philosophy.
Nonetheless, there is a reasonable correlation between prestige of the law
school and intellectual caliber of the faculty, but philosophy majors have
repeatedly told me about their surprise and disappointment at some of what
goes on in the classroom at leading law schools. This is why it pays for
students with a serious interest in philosophy to investigate law schools
with some care.
Those law schools in the United States offering the
most for students with philosophical interests are clearly Berkeley,
Cardozo, Columbia, Michigan, Penn, Texas, UCLA, Virginia, and
Yale.
In Canada, the top choices are clearly the law schools
at York University, Toronto (Osgoode Hall) and University of Toronto ,
which are also the top two law faculties in the country. ( British Columbia
, McGill, and Victoria also boast leading Canadian law faculties, with
McGill and Victoria having the most to offer philosophically-minded students.)
In the United Kingdom, where law is an undergraduate degree, the most attractive
choice is Oxford University, though the other leading law faculties-Cambridge
University, University College London, London School of Economics-all have
good offerings as well.
Students with strong philosophy interests considering
law school are obviously well-advised to weigh many other factors besides
the opportunities for continued philosophical study and reflection. Since
the program at most law schools, however, does include considerable opportunity
for elective courses, philosophically-minded students may want to consider
their philosophical opportunities.
Many universities now advertise joint J.D./Ph.D.
programs (some schools which don't officially "advertise" them
will permit students to pursue a J.D. and Ph.D. simultaneously anyway:
Berkeley is an example). Students are well-advised to investigate how such "joint" programs
work in reality, and whether there is any real coordination of faculty
and interests between the Law School and Philosophy Department. Such courses
of study are most valuable for those thinking about a career in legal academia,
where it is now very common for law professors to have graduate training
in another discipline. Most important for a career in legal academia, though,
are qualifications like: an excellent law-school record; service on the
law review; and prestigious judicial clerkships. Students with academic
ambitions and philosophical interests that lend themselves to legal study
may want to consider legal academia: compared to philosophy academia, salaries
are much higher, tenure-tracks shorter and less daunting, research support
better, and teaching loads more reasonable (two courses per term is the
norm; three courses per year is also not too uncommon). (For more on getting
in to law teaching, see http://www.utexas.edu/law/faculty/bleiter/GUIDE.HTM)
Keep in mind that Oxford University continues to
be the world leader in legal philosophy, and by a wide margin: no school
anywhere else in the English-speaking world has either Oxford 's depth
or breadth of strength in legal philosophy. Thus, one possibility also
worth exploring is earning the DPhil at Oxford and earning a law degree
from a top U.S. school.
The top choices for a JD/PhD, in terms of the caliber
of the respective units and quality and quantity of offerings,
are Columbia, NYU, Texas, and UCLA. Other good choices would
include: Berkeley, Chicago, Georgetown, Michigan, Osgoode/York,
Penn, Toronto, Virginia, Yale. (At Yale, Penn, York, Virginia, and
Georgetown, law and philosophy are not evenly matched in terms
of quality [in each case law is quite a bit stronger than philosophy];
at Michigan, there is no coordination between the units.) Somewhat
easier to get in to, but still with good offerings, are BU, Illinois,
Iowa, Minnesota, North Carolina, Notre Dame, Wash U (St. Louis).
Other (more regional) law schools that offer particularly
good opportunities for philosophical study in the Law School are: Arizona
State University; Cardozo Law School/Yeshiva University; Fordham University;
Georgia State University; University of San Diego; and Wayne State University.
Cardozo and Georgia State are the best choices for students with philosophical
interests; Georgia State offers the strongest JD/MA program in the country
after BU (BU is a stronger law school overall, though in moral, political
and legal philosophy Georgia State is competitive).
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