Please use this identifier to cite or link to this item: http://hdl.handle.net/10739/2569
Title: Dicey and the Brick Maker: an unresolved tension between the rational and the reasonable in common law pedagogy
Authors: Swaminathan, Shivprasad
Keywords: Dicey
Common law
Pedagogy
Science
Apprenticeship
Issue Date: 17-Aug-2019
Publisher: Liverpool Law Review
Citation: Swaminathan, S. (2019). Dicey and the Brick Maker: an unresolved tension between the rational and the reasonable in common law pedagogy. Liverpool Law Review. doi: 10.1007/s10991-019-09228-w
Abstract: In his inaugural address as the Vinerian Professor of English law in 1883, Albert Venn Dicey laid down the vision for a new pedagogy for the common law to replace the ‘unaccountable’ arrangement of apprenticeship that had hitherto served the common law. The latter, he likened to ‘brick making’. At the heart of Dicey’s vision was the idea that the common law be cognized as a system of rules and exceptions—in contrast to the classical common lawyers’ self-understanding which took it to be a practice of reasoning—which could then, like other sciences, be expounded and taught by the newly emerging professoriate. Dicey pitched this as supplementing the ‘brick maker’ with a knowledge of the science underlying his craft.
URI: http://hdl.handle.net/10739/2569
ISSN: 1572-8625
Appears in Collections:JGU Research Publications

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