Virtually every law school class is based on the Socratic
Method. This method uses questions and debate between
individuals with different viewpoints to help everyone involved
think critically and to highlight the different ideas among
them. It is the reason that law school admissions committee’s
work so hard to give you a diverse law school class. The method
is a collaborative discussion between you, your law student
classmates, and the law school professor. The goal of this
discussion is for everyone involved to understand the issue more
completely. The quality of the discussion depends on people
sharing their own unique understanding and opinions about the
issue. The quality of your law school education depends,
in part, on the contributions to class discussion by your
classmates and professors.
The Socratic Method requires a law student to understand the
material before they arrive to the law school class. For this
reason, some consider the Socratic Method to simply mean that
you teach yourself. But, this is a much too simplistic view.
While it is true that you should come to your law school class
with a basic understanding of the issues and principles that
will be discussed, the aim of the Socratic Method is that you
leave the class with an enhanced and more enlightened
understanding of the material. The method teaches a law student
to analyze legal problems, to think critically, to reason by
analogy, and to consider the effect of the law on those subject
to it. It requires the law student to articulate, develop, and
defend positions that may have been at first based on their gut
reaction to the question. It teaches law students to critically
analyze the arguments they hear, and to assess their own ideas
and thoughts in light of the new information or reasoning.
What should I expect in a law school class?
In the law school class, the professor will ask a question and
call on students—often randomly—to answer the question. The
professor might ask follow up questions or move on. Usually, the
questions will get to the point where the law student’s opinion
is given. At that point the law school professor will play
Devil’s advocate, forcing the student to defend his or her
position by addressing the arguments against it or flaws in
reasoning. The questions might challenge an assumption, or
propose a situation where the law student’s initial assertion
seems to demand an exception. Sometimes, the Socratic Method is
used to have law students discover legal principles on their
own, through carefully-worded questions that encourage a
particular train of thought. Many professors call on law
students randomly because it forces all of the law students in
the law school class to pay close attention so that they can
contribute if selected. Here is a video of a law school
class where the Socratic Method is used by the professor to help
the first year law students learn about a procedural rule:
The good news is that most of the time in law school there is
either more than one correct answer or no clear answer at all.
Law students who expect to leave their law school class with
answers, are going to be disappointed. But, that’s not the point
of the class discussion. The Socratic Method is about helping
law students explore the nuances of complex issues so that they
can develop the critical thinking skills that good attorneys
have. Often this is accomplished by altering the facts of a
particular case to explore how the result might have been
different. The method highlights the fact that while the law is
usually conscientiously made, it is nevertheless based on
certain assumptions, values, and conclusions that are subject to
legitimate argument and disagreement.
The reasoning skills that you learn through the Socratic Method
will form the foundation to your law school education. The law
is constantly evolving and it will certainly change over your
career, but the skills that you will learn can be applied to any
legal question you will encounter. It also will give you
experience thinking on your feet and confidently communicating
forcefully, respectably, and persuasively to large groups of
people.