Wednesday, March 4, 2009
Nuno Garoupa on the difference between US and European law schools
There are many differences between American and European law schools. In fact, so many people have written about this topic that there is hardly one difference that has not been identified by now. Having worked on both sides of the Atlantic, the main difference that never ceases to amaze me is how American elite law schools have been transformed into a micro-universe of social sciences. Most of my colleagues are economists, sociologists, philosophers, historians, psychologists, political scientists, anthropologists. Naturally this has significant implications for the type of research we do in the law school (where doctrinal work is less and less popular), for the type of professional norms we develop in the law school (with most faculty in residence throughout the day), and even for how the law is taught to students. Such environment cannot be reproduced in Europe (with some minor innovative projects here and there) because diversity and interdisciplinary dialogue are not appreciated. There are plenty of more or less sophisticated arguments in Europe to oppose such move. However, the obvious consequence is that European law schools cannot provide the intellectually stimulating environment that one finds in elite law schools in America. It is of no surprise that SJD degrees are now massively populated by Europeans who use that as an entry door into the job market of American law schools (something the Israelis have been doing for more than a decade). It is also of no surprise that Latin Americans and Asians now look to the elite law schools in America as the leading legal teaching and research institutions. The exponential increase of LLMs and SJDs from these areas of the world in the top American law schools is amazing. Unfortunately, most European law schools have been unable to react to change and competition. In many case they lack the resources, in most cases they lack the will.
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Following Nuno's insights, Israel may provide an interesting case study, where legal academia has been transformed over the past two decades from a traditional European-style environment significantly (if not fully) to resemble the US model. In fact, although the "social science" nature of Israeli law faculties is varied, the greatest effect by far has been that of law and economics. One interesting law and economics account of this phenomenon has been provided by Oren Gazal-Ayal in his (US Law Review...) article on "Economic Analysis of Law and Economics" (available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=901164).
ReplyDeleteThere are, however, signs of change in the development of European law schools. I would like to draw your attention to the newly established International Max Planck Research School for Competition and Innovation (IMPRS-CI, www.imprs-ci.ip.mpg.de) the nature of which is truly interdisciplinary. The doctoral programme is intended to provide an environment that is competitive with U.S. law schools at postgraduate level in the area of IP and competition law.
ReplyDeleteI think Henrik is right, when he says that many European law schools lack the will to react to change. I have been arguing with regard to Law&Econ (together with my co-author Martin Gelter) that non-consequentionlist thinking is deeply embeded in the European legal methods going back at least to the early 19th century and Savigny`s historical school - http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1019437 [published as: The Transatlantic Divergence in Legal Thought, 31 Hastings International and Comparative Law Review 295-360 (2008)].
ReplyDeleteI am somewhat familiar with the British system. I think Nuno is probably right with respect to the social sciences. But I do not think this is a complete picture of the situation.
ReplyDeleteBritish schools are more doctrinal than American schools but they have excellebnt theorists working in philosophy of law, political theory and in related areas such as law and culture.
You give us a great info about to the difference between US and European law schools.I think the body of rules and principles governing the affairs of a community and enforced by a political authority is a Europeans law.
ReplyDeleteHi Nuno, would you like to write something on the difference between US and European law schools students?
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