On June 9th those accepted to Western law received an email suggesting that, if we do nothing else to prepare for September, we read two books. The first is by Stephen Waddams, Introduction to the Study of Law, 6th ed. (Toronto: Thomson Carswell, 2004. ISBN 0-459-24152-4). The second is by Allan C. Hutchinson, The Law School Book: Succeeding at Law School, 2nd ed. (Toronto: Irwin Law Inc., 2000. ISBN 1-55221-045-6). Technically, the former is required and the latter is merely recommended, though I would suggest that you read both as they each take their own approach to the topic at hand.
If you read no further, know that Waddams’ book is much more about the study of law than it is about law school per se (hence its required status). Hutchinson, on the other hand, deals more with what it is like to be a law student – what to expect and how to handle it. In short, both are extremely useful, but if you are pressed for time (or cash) pick Waddams over Hutchinson for your summer reading and then pick up Hutchinson sometime during first term when his more practical tips will be better appreciated.
Introduction to the Study of Law
Waddams is upfront about who he is writing for, which are those considering or undertaking the study of law but who are as yet unacquainted with it. What is clear, though, is that Waddams’ way with words can become cumbersome, especially when mixed with unfamiliar terms and concepts. There is no doubt in my mind that he is an extremely intelligent and erudite individual, but it is apparent that ease of reading was either not one of his priorities or one of his gifts.
In terms of content the Introduction is quite comprehensive. Waddams deals with the distinction between public and private law as well as the various meanings and uses of civil and common law and he even discusses the basics of legal reasoning. He also touches upon the theory behind legal education itself which provides a useful view into the heads of Canadian law school administrators everywhere (forewarned is forearmed). Similarly, he provides an outline of not only the structure of the Canadian judicial system, but also the structure of both the English and American courts. In fact, he goes so far as to provide a brief overview of the historical difference between equity and the common law. Incidentally, this was one of two chapters that Western said wasn’t required reading (the other being the last chapter on the legal profession) and I can now appreciate why; the difference is rather difficult to grasp for the non-initiated and, as a result, the limited space available only serves to confuse the issue. Not that this is Waddams’ fault by any means, but it is worth noting that nothing, apparently, is lost from skipping the chapter and I found little, if anything, was to be gained from reading it. Waddams closes with some revealing commentary on the relationship between legal practitioners and the public. In fact, it was this last chapter that I found most engaging.
Here, Waddams muses that only in business settings are lawyers really appreciated because in almost any other setting they are seen as, at best a necessary evil, and at worst a parasite. Either way, lawyers are seen to, he claims, merely complicate what is rightfully the clients anyway. The exception is cold comfort, however, as a reputation in the local penitentiary that a good criminal defence lawyer develops is probably not what draws most to the profession. Whether Waddams is being hyperbolic or simply cynical is hard to gauge. Though perhaps this is why so many law students dream of a plum corporate job.
It should be noted that the Introduction is largely a theoretical text. By this I mean it aims largely to provide a kind of conceptual map to the uninitiated in order to allow them to orient themselves on their upcoming adventures in this heretofore unknown territory. That said, the examples Waddams does provide are, almost without fail, of a civil nature. This is not wholly surprising as Waddams’ other published works are in the field of contract law and he is a professor of the subject at UofT. Do not misunderstand me, the examples illustrate the points he is trying to make, but they are not exactly exciting. Not that I expected high stakes drama in a book entitled an Introduction to the Study of Law, but it would have been nice to have seen other aspects of the law used if only to broaden the reader’s own understanding of how it is applied.
The Law School Book
Hutchinson’s intended audience is much the same as Waddams’; he is writing explicitly for those seriously considering applying to law school, those who have already been accepted and are eager to get a handle of what exactly it is they have gotten themselves into, or those already in first year and who need some help learning the ropes. The difference, however, is in the writing style. Not only is Hutchinson irreverent and witty, but his prose is simply easy to read. Now, this is not to suggest that law students or presumptive law students are unable to read complex texts. Indeed, I would hope this is not the case, however, it is true that even a hardened academic can appreciate a simple and straightforward approach to a problem. Add to this the likelihood that Hutchinson’s reader is currently enrolled in an academic program and it stands to reason that he would not want to make his work too much like just another academic treatise.
In his book Hutchinson provides a great introduction to the non-legal aspects of the study of law. By this I mean that The Law School Book introduces you to legal research, writing, exams, and mooting among other things. It is not that Hutchinson ignores the law itself, that would be rather hard to do in a book about law school after all. What he does, however, is condense his introduction to the study of law into one chapter. In so doing he successfully provides context for his other chapters, but he also leaves the reader free to explore what they are really curious about: life at law school. It is also worth noting that Hutchinson does not ignore theory (again not surprising given his research interests), in fact he has a whole section devoted to differing approaches to the application of law. In fact, it is not just that he addresses legal theory, but the way in which he does it that is interesting; by attaching it to the practical application of law he identifies its universal applicability. While theory and practice are often quite separate, it is also often the case that theory precedes and informs practice and it is this relationship that Hutchinson highlights.
Probably the best aspect of The Law School Book from the perspective of an incoming law student or a 1L is Hutchinson’s continued emphasis on real life examples and experience. For example, if you wanted to learn about law school exams and how to prepare for them, then what better place to go than a law school professor who has marked hundreds, if not thousands, of said exams. He provides similar practical advice on conducting research, mooting, and legal writing. In fact, at the end of his book he has four appendices that provide examples of a factum, two memoranda, and some exams. This is why, even if you don’t read The Law School Book during the summer before your first year, you will certainly want to pick it up once it gets under way.
Conclusion
Before I properly conclude, I want to touch upon one thing both texts have in common and this is their age: 2004 and 2000 respectively. I am not so much of a geek as to believe that information published more than a year ago is of no value. What does become apparent, however, is that certain aspects of the law school experience, as discussed by Waddams and Hutchinson, have become dated. No where is this more noticeable than in their respective discussions of legal research. Now, they both touch upon electronic forms of research and they both note that this is the way of the future, but there is little mention of the internet as a tool with more emphasis on CD-ROMs (remember those?) and the like. So, while I would take the sections on electronic research with a grain of salt, I see no reason to discount the rest of their advice as past its sell-by-date.
Keeping in mind that I touched upon Hutchinson’s book in a previous post where I suggested it was mandatory reading for the applicant or those thinking about law school in general. I haven’t changed my mind in the last week, I still think that the Law School Book is an excellent introduction to law school, but once you have decided that law school is for you and once you’ve been accepted it is more imperative that you get a handle on what it is you go to law school for: the study of law. The differing emphasis is simply evident in the books’ respective titles.
In sum, then, Western’s appraisal of the priority to be placed on each book is entirely accurate – if you are already committed to attending a law school. If not, you may want to take my previous advice and start with Hutchinson. Both books achieve the goals they have set for themselves, though not without some difficulties. These minor problems are entirely forgivable, however, as they spring more from the age of the books and the eccentricities of their authors than any objective failing.
A final note, Waddams’ book does seem to be harder to get a hold of. I ended up ordering it directly from Carswell which, though not an unpleasant experience, did involve paying for shipping. Hutchison’s book, on the other hand, was readily available on Indigo which meant, with the purchase of a second and unrelated book, I received free shipping. This is not a comment on the books, of course, but merely a word to the wise.
Cross-posted on LawIsCool.com.
