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Therefore, the modern legal education system in the U.S. is a combination of teaching law as a science and a practical skill,[72] implementing elements such as clinical training, which has become an essential part of legal education in the U.S. and in the J.D. program of study.[73]

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Creation of the J.D. and major common law approaches to legal education

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 bachelor's degree. The LL.B. persisted through the middle of the twentieth century, after which a completed bachelor's degree became a requirement 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 different from their European counterparts as the educational approaches differ.

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Legal education in the United States

Professional doctorates were developed in the United States in the 19th century, the first being the Doctor of Medicine in 1807,[74] but the professional law degree took more time. At the time the legal system in the United States was still in development as the educational institutions were developing. The status of the legal profession was at that time still ambiguous; therefore, the development of the legal degree took much time.[75] Even when some universities offered training in law, they did not offer a degree.[75] Because in the United States there 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.[76] At first 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.[77] This was somewhat controversial at the time because it was a professional training without any of the cultural or classical studies required of a degree in England,[78] where it was necessary to gain a general BA prior to an LLB or BCL until the nineteenth century.[79] 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 a first degree which, unlike the English B.A., gave practical or professional training in law.[80]

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Creation of the Juris Doctor

In the mid-19th century there was much concern about the quality of legal education in the United States. Christopher Columbus Langdell, who served as dean of Harvard Law School from 1870 to 1895, dedicated his life to reforming legal education in the United States. The historian Robert Stevens wrote that "it was Langdell's goal to turn the legal profession into a university educated one—and not at the undergraduate level, but through a three-year post baccalaureate degree."[81] This graduate level study would allow the intensive legal training that Langdell had developed, known as the case method (a method of studying landmark cases) and the Socratic method (a method of examining students on the reasoning of the court in the cases studied). Therefore, a graduate high level law degree was proposed, the Juris Doctor, implementing the case and Socratic methods as its didactic approach.[82] According to professor J. H. Beale, an 1882 Harvard Law graduate, one of the main arguments for the change was uniformity. Harvard's four professional schools of Theology, Law, Medicine and Arts and Sciences were all graduate schools, and their degrees were therefore a second degree. Two of them conferred a doctorate and the other two a baccalaureate degree. The change from LL.B. to J.D. was intended to end this discriminatory practice of conferring what is normally a first degree upon persons who have already completed their primary degree.[83] The J.D. was proposed as the equivalent of the J.U.D. in Germany to reflect the advanced study required to be an effective lawyer.

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The University of Chicago Law School was the first to offer it.[84] While approval was still pending at Harvard, the degree was introduced at many other law schools including at the law schools at NYU, Berkeley, Michigan and Stanford. Because of tradition, and concerns about less prominent universities implementing a J.D. program, prominent eastern law schools like those of Harvard, Yale and Columbia refused to implement the degree. Indeed, pressure from them led almost every law school (except at the University of Chicago and other law schools in Illinois) to abandon the J.D. and readopt the LL.B. as the first law degree by the 1930s.[85]

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It was only after 1962 that a new push—this time begun at less-prominent law schools—successfully led to the universal adoption of the J.D. as the first law degree. Student and alumni support were key in the LL.B.-to-J.D. change, and even the most prominent schools were convinced to make the change: Columbia and Harvard in 1969, and Yale, last, in 1971.[86] Nonetheless, the LL.B. at Yale retained the didactical changes of the "practitioners courses" of 1826 and was very different from the LL.B. in common law countries other than Canada.[66]

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Following standard modern academic practice, Harvard Law School refers to its Master of Laws and Doctor of Juridical Science degrees as its graduate level law degrees.[87] Similarly, Columbia refers to the LL.M. and the J.S.D. as its graduate program.[88] Yale Law School lists its LL.M., M.S.L., J.S.D., and Ph.D. as constituting graduate programs.[89] A distinction thus remains between professional and graduate law degrees in the United States.

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Major common law approaches

The English legal system is the root of the systems of other common-law countries, such as the United States. Originally, common lawyers in England were trained exclusively in the Inns of Court. Even though it took nearly 150 years since common law education began with Blackstone at Oxford for university education to be part of legal training in England and Wales, the LL.B. eventually became the degree usually taken before becoming a lawyer. In England and Wales the LL.B. is an undergraduate scholarly program and although it (assuming it is a qualifying law degree) fulfills the academic requirements for becoming a lawyer,[90] further vocational and professional training as either a barrister (the Bar Professional Training Course[91] followed by Pupillage[92]) or as a solicitor (the Legal Practice Course[93] followed by a "period of recognised training"[94]) is required before becoming licensed in that jurisdiction.[50] The qualifying law degree in most English universities is the LLB although in some, including Oxford and Cambridge, it is the BA in Law.[95] Both of these can be taken with "senior status" in two years by those already holding an undergraduate degree in another discipline.[96]

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Legal education in Canada has unique variations from other Commonwealth countries. Even though the legal system of Canada is mostly a transplant of the English system (Quebec excepted), the Canadian system is unique in that there are no Inns of Court, the practical training occurs in the office of a barrister and solicitor with law society membership, and, since 1889, a university degree has been a prerequisite to initiating an articling clerkship.[97] The education in law schools in Canada was similar to that in the United States at the turn of the 20th century, but with a greater concentration on statutory drafting and interpretation, and elements of a liberal education.[98] The bar associations in Canada were influenced by the changes at Harvard, and were sometimes quicker to nationally implement the changes proposed in the United States, such as requiring previous college education before studying law.[98]

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Modern variants and curriculum

Legal education is rooted in the history and structure of the legal system of the jurisdiction where the education is given, therefore law degrees are vastly different from country to country, making comparisons among degrees problematic.[99] This has proven true in the context of the various forms of the J.D. which have been implemented around the world.

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Until about 1997 the J.D. was unique to law schools in the U.S. But with the rise in international success of law firms from the United States, and the rise in students from outside the U.S. attending U.S. law schools, attorneys with the J.D. have become increasingly common internationally.[100] Therefore, the prestige of the J.D. has also risen, and many universities outside the U.S. have started to offer the J.D., often for the express purpose of raising the prestige of their law school and graduates.[100] Such institutions usually aim to appropriate the name of the degree only, and sometimes the new J.D. program of study is the same as that of their traditional law degree, which is usually more scholarly in purpose than the professional training intended with the J.D. as created in the U.S. Various characteristics can therefore be seen among J.D. degrees as implemented in universities around the world.

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Types and characteristics

Until very recently, only law schools in the United States offered the Juris Doctor. Starting about 1997, universities in other countries began introducing the J.D. as a first professional degree in law, with differences appropriate to the legal systems of the countries in which these law schools are situated.

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Standard Juris Doctor curriculum

As stated by James Hall and Christopher Langdell, two people who were involved in the creation of the J.D., the J.D. is a professional degree like the M.D., intended to prepare practitioners through a scientific approach of analysing and teaching the law through logic and adversarial analysis (such as the Casebook and Socratic methods).[104] It has existed as described in the United States for over 100 years, and can therefore be termed the standard or traditional J.D. program. The J.D. program generally requires a bachelor's degree for entry, though this requirement is sometimes waived.[105] The program of study for the degree has remained substantially unchanged since its creation, and is an intensive study of the substantive law and its professional applications (and therefore[citation needed] requires no thesis, although a lengthy writing project is sometimes required[106]). As a professional training, it provides sufficient training for entry into practice (no apprenticeship is necessary to sit for the bar exam). It requires at least three academic years of full-time study. Strictly defined, the United States is the only jurisdiction with this form of a J.D., but the University of Tokyo (in Japan) and the University of Melbourne (in Australia) are attempting to follow this model closely. While the J.D. is a doctoral degree in the US, lawyers usually use the suffix of "esquire" as opposed to the prefix "Dr." Although calling an American lawyer "doctor" would not be incorrect, provided the attorney has a J.D. or other doctoral degree (as opposed to an LL.B., which is a baccalaureate not a doctorate), the title is more commonly used in Europe and Asia than in the U.S. or Canada.

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Replacement for the LL.B.

An initial attempt to rename the LL.B. to the J.D. in the US in the early 20th century started with a petition at Harvard in 1902. This was rejected, but the idea took hold at the new law school established at the University of Chicago and other universities and by 1925 80% of US law schools gave the J.D. to graduate entrants, while restricting undergraduate entrants (who followed the same curriculum) to the LL.B. Yet the change was rejected by Harvard, Yale and Columbia, and by the late 1920s schools were moving away from the J.D. and once again granting only the LL.B, with only Illinois law schools holding out. This changed in the 1960s, by which time almost all law school entrants were graduates. The J.D. was reintroduced in 1962 and by 1971 had replaced the LL.B., again without any change in the curriculum, with many schools going as far as to offer a J.D. to their LL.B. alumni for a small fee.[107]

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Canadian and Australian universities have law programs that are very similar to the J.D. programs in the United States. These include Queen's University, University of British Columbia, University of Alberta, University of Victoria, Université de Moncton, University of Calgary, University of Saskatchewan, University of Manitoba, University of Windsor, University of Ottawa, University of Western Ontario, York University[108] and University of Toronto[109] in Canada, RMIT and the University of Melbourne in Australia.[3] Therefore, when the J.D. program was introduced at these institutions, it was a mere renaming of their second-entry LL.B. program and entailed no significant substantive changes to their curricula.[110] The reason given for doing so is because of the international popularity and recognizability of the J.D., and the need to recognize the demanding graduate characteristics of the program.[111] Because these programs are in institutions heavily influenced by those in the UK, the J.D. programs often have some small scholarly element (see chart above, entitled "Comparisons of J.D. Variants"). And because the legal systems are also influenced by that of the UK, an apprenticeship is still required before being qualified to apply for a license to practice (see country sections below, under "Descriptions of the J.D. outside the U.S.").