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Origins of the law degree
The first university in Europe, the University of Bologna, was founded as a school of law by four famous legal scholars in the 11th century who were students of the glossolalia school in that city. This served as the model for other law schools of the Middle Ages, and other early universities such as the University of Padua.[23] The first academic degrees were doctorates in civil law (doctores legum) followed by canon law (doctores decretorum); these were not professional degrees but rather indicated that their holders had been approved to teach at the universities. While Bologna granted only doctorates, preparatory degrees (bachelor's and licences) were introduced in Paris and then in the English universities.[24][25][26][27]

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The history of legal training in England
The nature of the J.D. can be better understood by a review of the context of the history of legal education in England. The teaching of law at Cambridge and Oxford Universities was mainly for philosophical or scholarly purposes and not meant to prepare one to practise law.[28] The universities taught only civil and canon law (used in a very few jurisdictions such as the courts of 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.[29] 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.[30]

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In England in 1292 when Edward I first 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.[31] 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.[32] By the fifteenth century, the Inns functioned like a university akin to the University of Oxford and the University of Cambridge, though very specialized in purpose.[33] 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.[34]

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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 (the two 'Laws' in the original Bachelor of Laws, which thus became the Bachelor of Civil Law when the study of canon law was barred after the Reformation) 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.[35] The training of solicitors by a five-year apprenticeship was formally established by the Attorneys and Solicitors Act 1728,.[36] William Blackstone became the first 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.[36] Blackstone insisted that the study of law should be university based, where concentration on foundational principles can be had, instead of concentration on detail and procedure had through apprenticeship and the Inns of Court.[37]

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The 1728 act was amended in 1821 to reduce the period of the required apprenticeship to three years for graduates in either Law or Arts from Oxford, Cambridge and Dublin, as "the admission of such graduates should be facilitated, in consideration of the learning and abilities requisite for taking such degree".[38] This was extended in 1837 to cover the newly established universities of Durham and London,[39] and again in 1851 to include the new Queen's University of Ireland.[40]

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The Inns of Court continued but became less effective, and admission to the bar still did not require any significant educational activity or examination. In 1846, Parliament examined the education and training of prospective barristers and found the system to be inferior to that of Europe and the United States as Britain did not regulate the admission of barristers.[30] Therefore, formal schools of law were called for, but not finally established until later in the century, and even then the bar did not consider a university degree in admission decisions.[30]

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Until the mid nineteenth century, most law degrees in England (the BCL at Oxford and Durham, and the LLB at London)[41][42][43] were postgraduate degrees, taken after an initial degree in Arts. The Cambridge degree, variously referred to as a BCL, BL or LLB, was an exception: it took 6 years from matriculation to complete, but only three of these had to be in residence, and the BA was not required (although those not holding a BA had to produce a certificate to prove they had not only been in residence but had actually attended lectures for at least three terms).[44][45] These degrees specialised in Roman Civil Law rather than English Common Law, which was the domain of the Inns of Court, and were thus more theoretical than practically useful.[46] Cambridge reestablished its LLB degree in 1858 as an undergraduate course alongside the BA,[47] and the London LLB, which had previously required a minimum of one year after the BA, become an undergraduate degree in 1866.[48] The older nomenclature continues to be used for the BCL at Oxford today, which is a master's level program, while Cambridge moved its LLB back to being a postgraduate degree in 1922 but only renamed it as the LLM in 1982.[49]

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Until the mid nineteenth century, most law degrees in England (the BCL at Oxford and Durham, and the LLB at London)[41][42][43] were postgraduate degrees, taken after an initial degree in Arts. The Cambridge degree, variously referred to as a BCL, BL or LLB, was an exception: it took 6 years from matriculation to complete, but only three of these had to be in residence, and the BA was not required (although those not holding a BA had to produce a certificate to prove they had not only been in residence but had actually attended lectures for at least three terms).[44][45] These degrees specialised in Roman Civil Law rather than English Common Law, which was the domain of the Inns of Court, and were thus more theoretical than practically useful.[46] Cambridge reestablished its LLB degree in 1858 as an undergraduate course alongside the BA,[47] and the London LLB, which had previously required a minimum of one year after the BA, become an undergraduate degree in 1866.[48] The older nomenclature continues to be used for the BCL at Oxford today, which is a master's level program, while Cambridge moved its LLB back to being a postgraduate degree in 1922 but only renamed it as the LLM in 1982.[49]

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Legal training in colonial North America and 19th century U.S.
Initially there was much resistance to lawyers in colonial North America because of the role they had played in hierarchical England, but slowly the colonial governments started using the services of professionals trained in the Inns of Court in London, and by the end of the American Revolution there was a functional bar in each state.[51] Due to an initial distrust of a profession open only to the elite in England, as institutions for training developed in what would become the United States they emerged as quite different from those in England.[52]

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Initially in the United States the legal professionals were trained and imported from England.[53] A formal apprenticeship or clerkship program was established first in New York in 1730—at that time a seven-year clerkship was required, and in 1756 a four-year college degree was required in addition to five years of clerking and an examination.[54] Later the requirements were reduced to require only two years of college education.[54] But a system like the Inns did not develop, and a college education was not required in England until the 19th century, so this system was unique.

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The clerkship program required much individual study and the mentoring lawyer was expected to carefully select materials for study and guide the clerk in his study of the law and ensure that it was being absorbed.[55] The student was supposed to compile his notes of his reading of the law into a "commonplace book", which he would try to memorize.[56] Although those were the ideals, in reality the clerks were often overworked and rarely were able to study the law individually as expected. They were often employed to tedious tasks, such as making handwritten copies of documents. Finding sufficient legal texts was also a seriously debilitating issue, and there was no standardization in the books assigned to the clerk trainees because they were assigned by their mentor, whose opinion of the law may have differed greatly from his peers.[57] It was said by one famous attorney in the U.S., William Livingston, in 1745 in a New York newspaper that the clerkship program was severely flawed, and that most mentors "have no manner of concern for their clerk's future welfare... [T]is a monstrous absurdity to suppose, that the law is to be learnt by a perpetual copying of precedents."[56] There were some few mentors that were dedicated to the service, and because of their rarity, they became so sought after that the first law schools evolved from the offices of some of these attorneys who took on many clerks and began to spend more time training than practicing law.[56]

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In time, the apprenticeship program was not considered sufficient to produce lawyers fully capable of serving their clients' needs.[58] The apprenticeship programs often employed the trainee with menial tasks, and while they were well trained in the day-to-day operations of a law office, they were generally unprepared practitioners or legal reasoners.[59] The establishment of formal faculties of law in U.S. universities did not occur until the latter part of the 18th century.[60] With the beginning of the American Revolution, the supply of lawyers from Britain ended. The first law degree granted by a U.S. university was a Bachelor of Law in 1793 by the College of William and Mary, which was abbreviated L.B.; Harvard was the first university to use the LL.B. abbreviation in the United States.[61]

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The first university law programs in the United States, such as that of the University of Maryland established in 1812, included much theoretical and philosophical study, including works such as the Bible, Cicero, Seneca, Aristotle, Adam Smith, Montesquieu and Grotius.[62] It has been said that the early university law schools of the early 19th century seemed to be preparing students for careers as statesmen rather than as lawyers.[63] At the LL.B. programs in the early 1900s at Stanford University and Yale continued to include "cultural study", which included courses in languages, mathematics and economics.[64] An LL.B., or Bachelor of Laws, recognized that a prior bachelor's degree was not required to earn an LL. B.

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In the 1850s there were many proprietary schools which originated from a practitioner taking on multiple apprentices and establishing a school and which provided a practical legal education, as opposed to the one offered in the universities which offered an education in the theory, history and philosophy of law.[65] The universities assumed that the acquisition of skills would happen in practice, while the proprietary schools concentrated on the practical skills during education.[65]

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Revolutionary approach: Scientific study of law

In part to compete with the small professional law schools, there began a great change in U.S. university legal education. For a short time beginning in 1826 Yale began to offer a complete "practitioners' course" which lasted two years and included practical courses, such as pleading drafting.[66] U.S. Supreme Court justice Joseph Story started the spirit of change in legal education at Harvard when he advocated a more "scientific study" of the law in the 19th century.[67] At the time he was a lecturer at Harvard. Therefore, at Harvard the education was much of a trade school type of approach to legal education, contrary to the more liberal arts education advocated by Blackstone at Oxford and Jefferson at William and Mary.[68] Nonetheless there continued to be debate among educators over whether legal education should be more vocational, as at the private law schools, or through a rigorous scientific method, such as that developed by Story and Langdell.[69][70] In the words of Dorsey Ellis, "Langdell viewed law as a science and the law library as the laboratory, with the cases providing the basis for learning those 'principles or doctrines' of which law, considered as a science, consists.'"[71] Nonetheless, into the year 1900 most states did not require a university education (although an apprenticeship was often required) and most practitioners had not attended any law school or college.[68]