Profs Need Humility, Students Flexibility
Learning to think like a lawyer has benefits. But it can also close law students’ minds to alternative ways of thinking about the world, according to a new study by a linguistic anthropologist.
Conducted by Elizabeth Mertz, a law professor at the University of Wisconsin and a senior research fellow of the American Bar Foundation, the study suggests that law professors need to be more humble about the shortcomings of the legal system, to help students open their minds, the ABF reports in a press release.
Studying eight first-year contracts classes, Mertz found that the language of the law was the same regardless of whether the professor used the Socratic method.
This “closed linguistic system” has benefits, but it can also shut out other points of view, she says. “The arrogance that accompanies a closed linguistic system can contribute to the alienation of lawyers and the legal system from the people they are supposed to serve, because it can prevent those speaking the language of law from truly hearing alternative perspectives.”
The study is discussed in detail in a book just published by Oxford University Press. It is titled The Language of Law School: Learning to “Think Like a Lawyer.”
