Professional Documents
Culture Documents
scientic study of law, it is a law degree that in most common law jurisdictions is the primary professional preparation for lawyers. It is a three-year program in most
jurisdictions.[17][18]
Example of a diploma from Suolk University Law School conferring the Juris Doctor degree.
HISTORICAL CONTEXT
2.3 Legal training in colonial North America and 19th century U.S.
admiralty and church courts) but not the common law
that applied in most jurisdictions. Professional training
for practising common law in England was undertaken at
the Inns of Court, but over time the training functions of
the Inns lessened considerably and apprenticeships with
individual practitioners arose as the prominent medium
of preparation.[27] However, because of the lack of standardisation of study and of objective standards for appraisal of these apprenticeships, the role of universities
became subsequently of importance for the education of
lawyers in the English speaking world.[28]
In England in 1292 when Edward I rst requested that
lawyers be trained, students merely sat in the courts and
observed, but over time the students would hire professionals to lecture them in their residences, which led to
the institution of the Inns of Court system.[29] The original method of education at the Inns of Court was a mix
of moot court-like practice and lecture, as well as court
proceedings observation.[30] By the fteenth century, the
Inns functioned like a university akin to the University
of Oxford and the University of Cambridge, though very
specialized in purpose.[31] With the frequent absence of
parties to suits during the Crusades, the importance of
the lawyer role grew tremendously, and the demand for
lawyers grew.[32]
Traditionally Oxford and Cambridge did not see common law as worthy of study, and included coursework
in law only in the context of canon and civil law and for
the purpose of the study of philosophy or history only.
The apprenticeship program for solicitors thus emerged,
structured and governed by the same rules as the apprenticeship programs for the trades.[33] The training of solicitors by apprenticeship was formally established by an
act of parliament in 1729.[34] William Blackstone became
the rst lecturer in English common law at the University
of Oxford in 1753, but the university did not establish
the program for the purpose of professional study, and
the lectures were very philosophical and theoretical in
nature.[34] Blackstone insisted that the study of law should
2.3
Joseph Story, U.S. Supreme Court Justice, lecturer of law at Harvard and proponent of the scientic study of law
3 CREATION OF THE J.D. AND MAJOR COMMON LAW APPROACHES TO LEGAL EDUCATION
were no Inns of Court, and the English academic degrees did not provide the necessary professional training,
the models from England were inapplicable, and the degree program took some time to develop.[61] At rst the
degree took the form of a B.L. (such as at the College
of William and Mary), but then Harvard, keen on importing legitimacy through the trappings of Oxford and
Cambridge, implemented an LL.B. degree.[62] This was
somewhat controversial at the time because it was a professional training without any of the cultural or classical studies required of a bachelors degree in England.[63]
Thus, even though the name of the English LL.B. degree
was implemented at Harvard, the program in the U.S. was
nonetheless intended as practical or professional training,
and not, as in England, merely a bachelor of arts denoting
Therefore, the modern legal education system in the U.S.
[64]
is a combination of teaching law as a science and a practi- a specialization in law.
cal skill,[57] implementing elements such as clinical training, which has become an essential part of legal education
3.1.1 Creation of the Juris Doctor
in the U.S. and in the J.D. program of study.[58]
The J.D. originated in the United States during a movement to improve training of the professions. Prior to the
origination of the J.D., law students began law school
either with only a high school diploma, or less than the
amount of undergraduate study required to earn a bachelors degree. The LL.B. persisted through the middle
of the twentieth century, after which a completed bachelors degree became a required for virtually all students
entering law school. The didactic approaches that resulted were revolutionary for university education and
have slowly been implemented outside the U.S., but only
recently (since about 1997) and in stages. The degrees
which resulted from this new approach, such as the M.D.
and the J.D., are just as dierent from their European
counterparts as the educational approaches dier.
3.1
5
at the University of Chicago and other law schools in Illi- Training Course, BPTC and pupillage for barristers and
nois) to abandon the J.D. and readopt the LL.B. as the the LPC followed by a training contract for solicitors).
rst law degree by the 1930s.[69]
The bachelors degree originated at the University of
It was only after 1962 that a new pushthis time begun at Paris, whose system was implemented at Oxford and
less-prominent law schoolssuccessfully led to the uni- Cambridge.[75] The arts designation of the degree tradiversal adoption of the J.D. as the rst law degree. Stu- tionally signies that the student has undertaken a certain
dent and alumni support were key in the LL.B.-to-J.D. amount of study of the classics.[76] On continental Europe
change, and even the most prominent schools were con- the bachelors degree was phased out in the 18th or early
vinced to make the change: Columbia and Harvard in 19th century but it continued at Oxford and Cambridge.
1969, and Yale, last, in 1971.[70] Nonetheless, the LL.B. Today Oxford oers the bachelors degree in law (B.C.L.)
at Yale retained the didactical changes of the practi- as a second entry program, contrary to the practice of all
tioners courses of 1826 and was very dierent from the other English universities. Cambridge followed the same
LL.B. in common law countries other than Canada.[51]
practice until relatively recently, renaming its LL.B. degree as LL.M. in 1982.[77]
Christopher Langdell, one of the scholars at Harvard who established the J.D.
3.2
4.1
4.2.1 Australia
The Juris Doctor is now oered at a number of Australian
Universities including: Australian National University,
University of Canberra, Bond University, Macquarie
University, RMIT, Monash University, University of
Melbourne, University of New South Wales, University
of Notre Dame Australia, RMIT University, University
of Southern Queensland, University of Sydney, The University of Newcastle, University of Technology, Sydney,
University of Western Australia, University of Western
Sydney, and Murdoch University. University of Queensland and University of New England used to oer Juris
Doctors degree. Now it has been discontinued.
4.2
7
cling prior to independent practice.[102]
Use of the J.D. designation by Canadian law schools is
not intended to indicate an emphasis on American law,
but rather to distinguish Canadian law degrees from English law degrees, which do not require prior undergraduate study.[83] The Canadian J.D. is a degree in Canadian Law. Accordingly, United States jurisdictions other
than New York and Massachusetts,[103] do not recognize
Canadian Juris Doctor degrees automatically.[104][105]
This is equivalent to the manner in which United States
J.D. graduates are treated in Canadian jurisdictions such
as Ontario.[106] To prepare graduates to practise in jurisdictions on both sides of the border, some pairs of law
schools, such as the New York University (NYU) Law
School and Osgoode Hall Law School,[107] the University
of Ottawa Law School and the Michigan State University
Law School or American University,[108] and the University of Windsor Law School and the University of Detroit
Mercy Law School,[109] have developed joint AmericanCanadian J.D programs.
Canada
J.D.'s are not generally awarded in the Peoples Republic of China (P.R.C.) instead,a J.M. (Juris Magister) is
awarded as the counterpart of JD in the United States,
the professional degree in law in China.[112] The primary
law degree in the P.R.C. is the bachelor of law. In the
fall of 2008 the Shenzhen campus of Peking University
started the School of Transnational Law, which oers a
U.S.-style education and awards both a Chinese masters
degree and, by special authorization of the government, a
J.D.[113]
4.2.4 Hong Kong
The J.D. degree is currently oered at The Chinese
University of Hong Kong,[114] The University of Hong
Kong,[115] and City University of Hong Kong.The degree
is known as the
in Chinese, and in Cantonese it
is pronounced as Faat Leot Bok Si.[116] The J.D. in Hong
Kong is almost identical to the LL.B. and is reserved for
graduates of non-law disciplines, but the J.D. is considered to be a graduate-level degree and requires a thesis
or dissertation.[117] Like the LL.B. there is much scholarly content in the required coursework. Although the
universities oering the degree claim that the J.D. is a
two-year program, completing the degree in two years
would require study during the summer term.[118] There
seems to be much confusion of the role or status of the
J.D. in Hong Kong, as the City University website states
4.2.9 Philippines
In the Philippines, the J.D. exists alongside the more common LL.B. Like the standard LL.B, it requires four years
of study, is considered a graduate degree and requires
prior undergraduate study as a prerequisite for admission, and covers the core subjects required for the bar
4.2.5 India
examinations. However, the J.D. requires students to nish the core bar subjects in just 2 years; take elective
At this time the Juris Doctor does not exist in India; no courses (such as legal theory, philosophy, and sometimes
ocial entity in India authorizes the award of such a de- even theology); undergo an apprenticeship; and write and
gree. A new venture Jindal Global Law School sought to defend a thesis.[128]
start an academic program with a recognized Juris DocThe degree was rst conferred in the Philippines by the
tor degree,[121] and the plan is well on track according to
Ateneo de Manila Law School, which rst developed the
sources.
model program later adopted by most schools now offering the J.D.. After the Ateneo, schools such as the
University of Batangas College of Law and the De La
4.2.6 Italy
Salle Lipa College of Law[129] began oering the J.D.,
No university in Italy awards a Juris Doctor degree, nor with schools such as the Far Eastern University Instiare there any plans to implement the degree. However, tute of Law oering with De La Salle Universitys Raof Business for the countrys
the law degree in Italy is longer (5 years of coursework) mon V. Del Rosario College
[130]
rst
J.D.
MBA
program.
In 2008, the University of
[122]
than a standard undergraduate program,
and lawyers
the
Philippines
College
of
Law
began conferring the J.D.
[123]
in Italy often use the title of doctor
(Italian law auon
its
graduates,
the
school
choosing
rename its LL.B.
thorizes all university graduates, including undergraduprogram
into
a
J.D.
because
to
accurately
reect the na[124]
ates, to use the title of doctor).
ture of education the university provides as nomenclature does not accurately reect the fact that the LL.B. is a
professional as well as a post baccalaureate degree.[131]
4.2.7 Japan
In 2009, the Pamantasan ng Lungsod ng Maynila (PLM)
[125]
and the Silliman University College of Law also shifted
In Japan the J.D. is known as Homu Hakushi (
).
The program generally lasts three years. Two year J.D. their respective LL.B Programs to Juris Doctor -applying
programs for applicants with legal knowledge (mainly un- the change to incoming freshmen students for School
[132][133]
The newly-established De La
dergraduate level law degree holders) are also oered Year 20092010.
[126]
Salle
University
College
of
Law is likewise oerimg the
.This curriculum is professionally oriented,
but does
J.D.
,
although
it
will
oer
the
program using a trimestral
not provide the education sucient for a license to praccalendar,
unlike
the
model
curriculum
that uses a semestice as an attorney in Japan, as all candidates for a litral
calendar.In
2014,
New
Era
University
has renamed
cense must have 12 month practical training by the Letheir
Bachelor
of
Laws
program
to
the
Juris
Doctor.
gal Training and Research Institute after passing the bar
[127]
examination.
4.2.10 Singapore
4.2.8
Mexico
To become a licensed lawyer, a person must hold the Licenciado en Derecho degree obtainable by four to ve
years of academic study and nal examination. After these undergraduate studies it is possible to obtain a
Maestria degree, equivalent to a masters degree. This
degree requires two to three years of academic studies.
Finally, one can study for an additional three years to obtain the Doctor en Derecho degree. It is not termed J.D.
but it essentially comparable for the purposes of the Mexican legal system. Since most universities and law schools
must have approval from the ministry of education (Secretara de Educacin Pblica) through the general oce
of professions (Direccion General de Profesiones) all of
the academic programs are similar throughout the country in public and private law schools.
9
and completion of the Practice Training Contract.[137]
In academia
As a professional doctorate, the Juris Doctor is the degree that prepares the recipient to enter the law profession (as do the M.D. in the medical profession and the
D.D.S in the dental profession). While the J.D. is the
sole degree necessary to become a professor of law or
to obtain a license to practice law, it (like the M.D. or
D.D.S.) is not a research degree.[138] Research degrees
in the study of law include the Master of Laws (LL.M.),
which ordinarily requires the J.D. as a prerequisite,[139]
and the Doctor of Juridical Science (S.J.D./J.S.D.), which
ordinarily requires the LL.M. as a prerequisite.[139] However, the American Bar Association has issued a Council
Statement,[140] advising law schools that the J.D. should
be considered equivalent to the Ph.D. for educational employment purposes. Accordingly, while most law professors are required to conduct original writing and research
in order to be awarded tenure, most only have a J.D.
The United States Department of Education and the
National Science Foundation do not include the J.D. or
other professional doctorates among the degrees that are
equivalent to research doctorates.[141] Among legal degrees, they accord this status only to the Doctor of Juridical Science degree.[141] In Europe, the European Research Council follows a similar policy.[142]
See also
Bachelor of Civil Law (B.C.L., LL.B., or LL.L.)
Bachelor of Laws (LL.B)
Doctor of Canon Law (J.C.D.)
Doctor of Juridical Science (J.S.D. or S.J.D.)
Doctor of Laws (LL.D)
Master of Laws (LL.M)
Legal education
[12] North Carolina Board of Law Examiners -NCBLE 919848-4229. Retrieved 28 August 2015.
Accelerated JD program
[14] http://admissions.calbar.ca.gov/Requirements.aspx
Law degree
[16] Stevens, R. (1971). Two Cheers For 1870: The American Law School, in Law in American History, eds. Donald Fleming and Bernard Bailyn. Boston: Little, Brown &
Co., 1971, p. 427.
10
11
[85] Singapore Management Universitys (SMU) Juris Doctor degree, Ministry of Law (Singapore). Retrieved 14
February 2014.
[86] Hall, J. (1907). American Law School Degrees, Michigan
Law Review, Vol. 6, No. 2, pp. 112117.
[87] ABA
Standard
502,
http://www.americanbar.
org/content/dam/aba/publications/misc/legal_
education/Standards/2015_2016_chapter_5.
http://lawschool.
authcheckdam.pdf ; See, e.g.
tiu.edu/how-to-apply/requirements/
and
http:
//www.cooley.edu/prospective/bachelors.html
and
http://www.lawdegree.com/content/admission/faq.asp
[72] Graduate Legal Studies. Columbia Law School. Retrieved 28 August 2015.
[73] https://www.law.yale.edu/study-law-yale/
degree-programs/graduate-programs
[74] John H. Langbein, Scholarly and Professional Objectives
in Legal Education: American Trends and English Comparisons, Pressing Problems in the Law, Volume 2: What
are Law Schools For?, Oxford University Press, 1996.
[75] Reed, (1921), 160
[76] Reed (1921), 161
[77] LLM. Retrieved 28 August 2015.
[78] Langbein, J. (1996). Scholarly and Professional Objec- [102] Law Law Society of Upper Canada (Ontario) PRP .
tives in Legal Education: American Trends and English
Comparisons, Pressing Problems in the Law, Volume 2: [103] University of Toronto - Faculty of Law: Prospective Students. Law.utoronto.ca. Retrieved 2011-08-25.
What are Law Schools For?, Oxford University Press.
[79] Langbein (1996).
[106]
[83] University of British Columbia Board of Governors ap- [108] Michigan State University School of Law and the Univerproves request for LL.B to be renamed J.D. .
sity of Ottawa Joint J.D. - LL.B. Degree Program
[84] Verication of the data in this table can be found in the [109] University of Windsor / University of Detroit. J.D./LL.B.
subsequent paragraphs of this section.
Program Accessed June 1, 2008.
12
EXTERNAL LINKS
[110] University of Montreal J.D. (Programme No 2-328-1-1) [127] Foote, D. (2005). Justice System Reform in Japan. AnAccessed December 31, 2013.
nual meeting of the Research of Sociology of Law, Paris.
European Network on Law and Society.
[111] Universit de Sherbrooke - Diplme de 2e cycle en common law et droit transnational (Juris Doctor) Assessed [128] Ateneo de Manila Law School. Philippine Leadership
Crisis and the J.D. Program. Accessed April 7, 2008.
July 23, 2014.
8 External links
13
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