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Legal Education and the Reproduction of Hierarchy: A Polemic Against the System
In 1983 Harvard law professor Duncan Kennedy self-published a biting critique of the law school system called Legal Education and the Reproduction of Hierarchy . This controversial booklet was reviewed in several major law journals—unprecedented for a self-published work—and influenced a generation of law students and teachers.
In this well-known critique, Duncan Kennedy argues that legal education reinforces class, race, and gender inequality in our society. However, Kennedy proposes a radical egalitarian alternative vision of what legal education should become, and a strategy, starting from the anarchist idea of workplace organizing, for struggle in that direction. Legal Education and the Reproduction of Hierarchy is comprehensive, covering everything about law school from the first day to moot court to job placement to life after law school. Kennedy's book remains one of the most cited works on American legal education.
The visually striking original text is reprinted here, making it available to a new generation. The text is buttressed by commentaries by five prominent legal scholars who consider its meaning for today, as well as by an introduction and afterword by the author that describes the context in which Kennedy wrote the book, including a brief history of critical legal studies.
In this well-known critique, Duncan Kennedy argues that legal education reinforces class, race, and gender inequality in our society. However, Kennedy proposes a radical egalitarian alternative vision of what legal education should become, and a strategy, starting from the anarchist idea of workplace organizing, for struggle in that direction. Legal Education and the Reproduction of Hierarchy is comprehensive, covering everything about law school from the first day to moot court to job placement to life after law school. Kennedy's book remains one of the most cited works on American legal education.
The visually striking original text is reprinted here, making it available to a new generation. The text is buttressed by commentaries by five prominent legal scholars who consider its meaning for today, as well as by an introduction and afterword by the author that describes the context in which Kennedy wrote the book, including a brief history of critical legal studies.
223 pages, Paperback
First published July 1, 2004
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Displaying 1 - 12 of 12 reviews
August 15, 2018
Radical and ground-breaking. Reading it was like Neo taking the red pill in The Matrix. A must-read for lawyers, law teachers, and law students. Everyone will take away something useful from this book, regardless of whether or not you agree with all of Professor Kennedy’s proposals. Amazing!!
July 21, 2019
As a lawyer who entered practice at a mega-firm in the early '80s after graduating from an "elite" law school, this hit home when I read it (in the pamphlet-like 1st edition).
Throughout most of my law school I wondered what the point was. There were occasional flashes of creative stimulation (mostly via an inspirational professor or two) but for the most part it was sheer mind-numbing drudgery spiced with cut-throat competitiveness from too many of my classmates (though there were, mercifully, a few exceptions).
Kennedy gets so much right.
Thinking about law school? Read this 1st and see if it's right for you.
Caveat, there are some (many?) law schools that don't subscribe to the approach described here (e.g., Northeastern in Boston where, I believe, Kennedy teaches at times). Depending on why your thinking about the law (e.g., service not $$$ or social prestige) it might still be right for you.
Throughout most of my law school I wondered what the point was. There were occasional flashes of creative stimulation (mostly via an inspirational professor or two) but for the most part it was sheer mind-numbing drudgery spiced with cut-throat competitiveness from too many of my classmates (though there were, mercifully, a few exceptions).
Kennedy gets so much right.
Thinking about law school? Read this 1st and see if it's right for you.
Caveat, there are some (many?) law schools that don't subscribe to the approach described here (e.g., Northeastern in Boston where, I believe, Kennedy teaches at times). Depending on why your thinking about the law (e.g., service not $$$ or social prestige) it might still be right for you.
November 11, 2020
The law school of today is not the law school of 1983. In many ways it is worse, marked against DK‘s own criteria. If in the past students had to learn to adopt the positivist outlook, now it is assumed from the start and reinforced by the proliferation of rights jurisprudence which captures the hypothetical Left-wing student and claims their imagination for liberal formalism. Despite this, the stakes are the same, so DK’s pamphlet is relevant as ever. There is a lot objectionable in the content of DK’s social analysis. But it should be read as a polemic, rather than as a work of theory.
August 12, 2022
This is Duncan Kennedy's best book: you can see his passion for justice and frustration at the legal system and law school's tendancy to reinforce unjust hierarchies. The book has interesting teaching points and sets out an agenda which at least in academia had some success.
Unfortunately, later these efforts at reform may merely have rationalized injustice. There is little one can do about social injustice. One could also criticize it for failing to consider possible benefits of the old system (pre 1968). Nah. So much in that system was in fact stilted and unfair that it's tough to defend it even if reactions to its injustices went too far and enabled inapt critiques and responses.
I do think this is a must-read for all would-be law teachers and legal reformers.
Unfortunately, later these efforts at reform may merely have rationalized injustice. There is little one can do about social injustice. One could also criticize it for failing to consider possible benefits of the old system (pre 1968). Nah. So much in that system was in fact stilted and unfair that it's tough to defend it even if reactions to its injustices went too far and enabled inapt critiques and responses.
I do think this is a must-read for all would-be law teachers and legal reformers.
December 1, 2023
80% of the time, he's cooking. The other 20% is Marxist Theory and Praxis sans supporting argumentation.
August 29, 2010
I thought the most interesting part of the book is the commentary at the end of it. Various scholars give their takes on Kennedy's polemic, and add their own polemics/utopian visions.
Overall his work made me feel conflicted, as I usually do, about the value of a protest directed at the system itself (which seems so overwhelmingly self-reproductive).
A great book to read right before starting law school.
Overall his work made me feel conflicted, as I usually do, about the value of a protest directed at the system itself (which seems so overwhelmingly self-reproductive).
A great book to read right before starting law school.
November 16, 2016
my boss at work had this guy as a thesis advisor and recommended him, so you know pointers pointing i checked him out. interesting ideas, a little out there in a removing some assumptions / thinking of things another way way, curious to wonder critically, though... i'm part kennedy. was told his critique of adjudication is his more serious/major work.
March 16, 2010
If you are a law student, if you have been a law student, if you have ever even for a moment considered being a law student: required. Sad to say, it remains as on point as when it was written - the year before I was born.
May 1, 2007
For those of us who loathed law school but couldn't articulate exactly why (that is, in a theoretically sophisticated and detached manner), this is the perfect essay/book. Enjoy...
March 27, 2010
One of my favorite books. A thorough and spirited critique of elitism -- complete with actual, concrete suggestions about how to repel its influence on law schools.
May 11, 2013
Yes, yes, yes.
June 22, 2016
Applies to legal education in Canada just as well
Displaying 1 - 12 of 12 reviews