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opinions
Why theory matters in law school
SARA HANSON
Contributor
You’ve probably heard the debate by now,
or maybe you have participated in it. You
know the one where your friend says that she
learned nothing about how to practice law in
law school and summering at (insert name of
firm/government office of your choice) was a
much more valuable experience. You, on the
other hand, might disagree. In fact, you have
found law school to be overly practical, and
not nearly academic enough. Really we are just
learning technical skills that we will one day
use to manipulate the law to suit our clients’
desires.
This debate was the topic of a recent article
entitled “I didn’t go to law school to become
an academic,” published online by Macleans
magazine (September 25, 2013). The title of
the article is drawn from the words of one of
our own 3Ls and one of my fellow classmates.
While I have utmost respect for my colleague,
I have to say, as lawyers do, that I respectfully
disagree with the article’s general argument
that law schools should be more practical and
less theoretical.
This debate is one that links up to the larger
debate about the value of post-secondary education more generally. One need only skim
through the Globe and Mail’s recent op-eds
(I swear Margaret Wente has written half a
dozen articles on this topic in the last year
alone) to get a sense of what I am talking
about. On the one side, there are those who
argue that universities should be in the business of equipping students with the technical
skills they need to become productive members of society. Universities should be preparing students for the working world instead of
filling their heads with useless ideas that will
never translate into practical skills. On the
other side of the debate, there are those who
argue that universities are not, and have never
been, about preparing students for specific
jobs. Rather, the purpose of the university is to
educate students to think critically about their
place and role in society. The skills that are
required to succeed in the modern working
world, such as the ability to innovate or adapt
to new work environments, will flow naturally
from the educated mind.
I believe that our own debate in law school is
really not any different. I also believe that we
need more, not less, theory because this theoretical foundation translates into the ability to
think critically about the law, its role in the
world and the impact that we are going to have
in that world as future lawyers. Now don’t get
me wrong, I am not completely against practituesday - october 15 - 2013
cal, or should I say “praxicum”, experience. I
was very fortunate to participate in the poverty law intensive at Parkdale Community
Legal Services last year. That experience was
undoubtedly the most rewarding and enjoyable
part of my law school career. However, I would
also credit my previous liberal arts education,
as well as the opportunity to learn about the
theory of poverty law, for equipping me with
the intellectual skills required to process my
experience in a meaningful way.
Poverty law can be a very rewarding, but also
very draining practice. You are constantly
faced with the problems of the most-marginalized individuals in society whose issues are
often linked to intersecting areas of oppression. You may be able to help a client avoid
eviction this time, but what happens when
your client’s refugee claim is denied and her
social assistance is cut off? You can help negotiate a payment plan for her rental arrears, but
only so far as she has some form of income.
The point I am trying to illustrate is that as
a law student there is only so much you can
do to help. These problems stem from much
larger systemic problems that are a matter of
policy and largely out of your control. As a
result, it is very easy for students of poverty
law to develop a sense of hopelessness because
the world they thought could be fixed through
the law no longer seems possible.
While I definitely experienced that sense of
hopelessness at times, I also knew I had to
find a way to work through these feelings so
that I didn’t burn out and to ensure I could
still serve my clients to the b W7B?b?&??F?W2??7&VF?B?G&????r??7&?F?6?F????p???W2?F?B6???V??6F???27GVF?W2FVw&VRv0?v?'F?6??WF???rgFW"??f?"?V???r?R7FW ?&6??B&Vf?V7B???W?W&?V?6RB&?F?P?2?v2v???rF?&?Vv??B???6?7&VF?BF?P?6FV?2'B?bF?R&?w&?f?"&?f?F??p??Rv?F?F?R&V?Wf?B?FW&GW&R&?WB?fW'G???r?B?G2V?FW&???rv??2?B?&?V7F?fW2??&VF??rF??2?FW&GW&R???vVB?RF?fVV?6???V7FVBF?6??WF???r?&vW"F????v?F?F??F?W?W&?V?6R?&?f?FVB?Rv?F?6V?6P??bF?&V7F????BWfV????vVB?RF?&Vv????GF?R??R???W?W&?V?6R2&?F?R7GVFV?B?2???W7G&F?fR?bF?Rf?'7B&V6??v???F????F?W&R?0?7F???6??Rf?VRF?F?RF?V?&WF?6??6FV?0?6?FR?b?r66??????B&?f?FW2??Rv?F?6W@??b??F?6?F???2F??V???R??R6V?6R?`?F?R&7F?6?7V7G2?b?r?????&V??p??2gV?F?V?F??&?WB?vW"?BF?R&V?F???6??2F?BW??7Bv?F????vW"7G'V7GW&W2?7GVFV?G2?VVBF?V?FW'7F?Bv?B?B?V?0?F???V?BF??26V?6R?b?vW"6?F?Bv?V?vP?v??WB??F?F?Rv?&?BvR???r??rF?W6R?@?&W7??6?&??v???RF?RFV&FR&?WBv?WF?W ??w?W'2&R&V???W7B??&VBwV?2?2F?RF??0??b??F?W"'F?6?R?vR6??V?B??&V?V?&W"F?@??W"GWG?F?F?RV&?2??FW&W7B?2??B?R???F?R6???FV???B?2??&?vF????w&?GFV?F?v??F?R'V?W2?b&?fW76????6??GV7B??F?V?&WF?6?f?V?FF????2?6?W6VgV?f? ?V?FW'7F?F??rF?BF?R?rF?W2??B?W7Bf???g&??F?R6???'WB&F?W"?B6??W2g&??6??Wv?W&R?F??6R???vW"7&VFRF?R?r?vV?W&??2?V?2F?W'WGVFRF?V?"?vW"??v???RF?R6??????r?27&VFVB'?F??6P???????F?6?7F?'2vR&VfW"F?2?VFvW2??B?0????'F?BF?&V?V?&W"F?B?VFvW2&RvV?W&???F??Vv???B?v?2?G&v?g&??F?R6?P??vW"7G'V7GW&R2F?R??F?6??2v??6V?V7FV@?F?V??7&?F?6?F????rFV6?W2W2F?&R6?WF?6??BVW7F???F?R&V?&V6??v???p?W??7G2?6?WF?6?6????w2??RF?F?????WG6?FRF?R&???F??2G?R?bF????r?2??B?W7@?7&VF?fRW?W&6?6R??B?2F?RG?R?bF????p?F?B?2W6VBF?v????F?&?66W2??B??&P????'F?F??F??V?6?RF?R?r?B??R?@???&R67W&FR&Vf?V7F????b?W"6?6?WG???f???????&RF?V?&WF?6??Vv?VGV6F????&?f?FW27GVFV?G2v?F?F?R6????2F?W??VV@?F?F????7&?F?6??&?WBF?V?"?v??fW2?@?6&VW'2??r66?????27G&?vR?B?6??F??rW?W&?V?6R??B?B6?&RfW'?V7?F???6P?6?v?B?bv????R&R?BF?R&V6??2v????P?FV6?FVBF?F?RF??2??W&?W???F?Rf?'7B?6R??F?W&R&R?V?&W"?b&W77W&W2?f???6????B?F?W"?F?B??R6W'F????'GV??F?W0?6VV???&RGG&7F?fRF??F?W?&V??&R?F?P?6?V&W7BW???R?2F?R??W&R?b&?7G&VW@?f?"7GVFV?G2v??6?RF??r66????F?F??V&?2??FW&W7Bv?&??&V??r&?RF?F????7&?F?6??&?WBv??7GVFV?G2&RW??6VBF?F?W6P???'GV??F?W2g&??F?Rf?'7B???V?BF?W?7FW ?f??B??F?R?r66???????V?7GVFV?G27F?6??F?F?RF?F?W??&?v???????VBF?f????r??&7F?6?W?W&?V?6R?2??B?V???v?W72?W7V6???&V6W6RF?Rv??f?"??7B?bW2?2F??&V6??R&7F?F???W'2?bF?R?r?'WB?v?B?0?F?R???B?bF???r6??WF???r?b??RF??( ?B???p?v????R&RF???r?C?F?RF?V?&WF?6?7V7G0??b?r66????&?f?FR76Rf?"7GVFV?G2F??6?F?Rv??VW7F???2?F?R?7vW'2F?F?W6P?VW7F???2????B6VV?6?V"??r??BvP?v?????V?6??F??VR6???rF?V?f?"F?R&W7@??b?W"6&VW'2???vWfW"??B?2F?&?Vv?6???p?F?W6RVW7F???2F?BvRv?????&V6??R&WGFW ??w?W'2&V6W6RV?F??FV?6???rVW7F???2?0???rvR'&?fRBF?RG'WF???F?R?&?FW"F?7F???