CONVERSATIONS, CHOICES AND CHANCES Conversations, Choices and Chances The Liberal Law School in the Twenty-First Century ANTHONY BRADNEY Professor of Law, Leicester University OXFORD – PORTLAND OREGON 2003 Published in North America (US and Canada) by Hart Publishing c/o International Specialized Book Services 5804 NE Hassalo Street Portland, Oregon 97213-3644 USA © Anthony Bradney 2003 The author has asserted his right under the Copyright, Designs and Patents Act 1988, to be identified as the authors of this work Hart Publishing is a specialist legal publisher based in Oxford, England. To order further copies of this book or to request a list of other publications please write to: Hart Publishing, Salter’s Boatyard, Folly Bridge, Abingdon Road, Oxford OX1 4LB Telephone: +44 (0)1865 245533 or Fax: +44 (0)1865 794882 e-mail:
[email protected] WEBSITE: http//www.hartpub.co.uk British Library Cataloguing in Publication Data Data Available ISBN 1–84113–248–9 (hardback) Typeset by Hope Services (Abingdon) Ltd. Printed and bound in Great Britain on acid-free paper by Biddles Ltd. www.biddles.co.uk Contents Preface ix 1 The Excitement and the Malaise: Introduction ‘Bliss is it in this dawn to be alive’ ‘Disillusions as never told in the old days’ Resistance to Power A Liberal Education for the Twenty-First Century 1 1 17 22 27 2 Holistic Education: What is a Liberal Education? Rhetoric and Reality The Theory of Liberal Education The Legacy of the Nineteenth Century Utility, Knowledge and Holistic Education The End of Knowledge, Liberal Education and Post-modernism Liberal Education, Elite Groups and Mass Education Liberal Education as a Mass Education Elite Values and Mass Education A Liberal Education and the Structure of the Academic Community 31 31 34 35 39 44 48 51 52 56 3 Missions for Law Schools: The Liberal University Law School ‘The business and busy-ness of the university’ ‘Now, under conditions that seem unpropitious’ ‘Fitful Enthusiasm’ Pluralistic Goals and the Liberal Law School Entrepreneurial Universities Entrepreneurial Universities, Pluralistic Law Schools and a Liberal Education The Core Business of the Law School 63 63 65 73 76 79 4 The Pass Less Trodden: The Liberal Curriculum The Goals of the Curriculum Giving Structure to Curiosity Sensibility, Intelligence and a Technical Education 85 85 87 89 82 84 vi Contents Love Thy Neighbour The Liberal Curricula and Doctrinal Law Vocational Goals and Liberal Curricula 91 98 101 5 Conversations: Research in the Liberal Law School Doubts and Hesitations University Law Schools and Research Research and Teaching in Law Schools Reluctant Researchers Newman and Research in the Liberal University The Inevitability of Curiosity; the Inevitability of Research Systematising Curiosity Writing, Teaching and Research The Pluralistic Nature of Research in the Law School Research into What? 105 105 109 110 113 115 116 119 122 123 126 6 A Necessary Evil or Simply Necessary? Administration A Long History of Silence Equal and Autonomous Individuals Collegiality Collegiality and the New Universities Collegiality and the Tea and Coffee Fund Collegiality and Governance The Advance of Managerialism? Collegiality in the Mo