Movatterモバイル変換


[0]ホーム

URL:


Jump to content
WikipediaThe Free Encyclopedia
Search

Reading law

From Wikipedia, the free encyclopedia
Obsolete process to prepare to enter the law profession
"Reading the law" redirects here. For reading of the law in Judaism, seeTorah reading.

Reading law was the primary method used incommon law countries, particularly theUnited States, for people to prepare for and enter thelegal profession before the advent oflaw schools. InCommonwealth countries, becoming anarticled clerk was a similar practice.

It consisted of an extendedinternship orapprenticeship under thetutelage ormentoring of an experiencedlawyer. The practice largely died out in the early 20th century. A few U.S. states, namely California, Maine, New York, Vermont, Virginia and Washington, still permit people to become lawyers by reading law instead of attending some or all of law school, although the practice is uncommon.[1]

In this sense, "reading law" specifically refers to a means of entering the profession, although in England it is still customary to say that a university undergraduate is "reading" a course, which may be law or any other.

United States

[edit]

History

[edit]

Incolonial America, as inBritain in that day, law schools did not exist at all untilLitchfield Law School was founded in 1773. Within a few years following theAmerican Revolution, some universities such as theCollege of William and Mary and theUniversity of Pennsylvania established a "Chair in Law".[2] However, the holder of this position would be the sole purveyor of legal education for the institution, and would give lectures designed to supplement, rather than replace, an apprenticeship.[3] Even as a handful of law schools were established, they remained uncommon in the United States until the late nineteenth century. Most people who entered the legal profession did so through anapprenticeship which incorporated a period of study under the supervision of an experienced attorney. This usually encompassed the reading of the works considered at the time to be the most authoritative on the law, such asEdward Coke'sInstitutes of the Lawes of England,William Blackstone'sCommentaries on the Laws of England, and similar texts.[4]

The scholastic independence of the law student is evident from the following advice ofAbraham Lincoln to a young man in 1855:

If you are absolutely determined to make a lawyer of yourself the thing is more than half done already. It is a small matter whether you read with any one or not. I did not read with any one. Get the books and read and study them in their every feature, and that is the main thing. It is no consequence to be in a large town while you are reading. I read atNew Salem, which never had three hundred people in it. The books and your capacity for understanding them are just the same in all places. [...] Always bear in mind that your own resolution to succeed is more important than any other one thing.[5]

Historically,country lawyers or county-seat lawyers were more likely to have read law. Reading law to become an attorney would be the norm, until the 1890s, when theAmerican Bar Association, formed in 1878, began pressing states to limit admission to the Bar to those persons who had satisfactorily completed several years of post-graduate institutional instruction.[6]

On July 8, 1941,James F. Byrnes became the last Justice appointed to theSupreme Court of the United States who had never attended college or law school, and he was the penultimate appointee who had been admitted to practice by reading law. Byrnes was followed byRobert H. Jackson, who was commissioned just three days later, on July 11, 1941, and had also been admitted to the practice of law by reading, although he had attendedAlbany Law School for less than one year, taking a two-year program in a single year to save money.

Modern practice

[edit]

In 2013, 60 people qualified to sit for the bar exam by reading law as opposed to 83,926 via law schools, and of those 60, 17 passed on their first attempt.[1]

As of 2024, four US states still permit reading law as the sole means of legal education. InCalifornia,[1]Vermont[1] andWashington,[7] an applicant who has not attended law school may take thebar exam after reading law under a judge or practicing attorney for a period of four years. In the fourth state,Virginia,[8] the period of reading law is only three years. Other rules vary as well. For example, Virginia does not allow the reader to be gainfully employed by the tutoring lawyer, while Washington requires just that. In California the requirements of the state bar association for reading law are set forth in Rule 4.29, Study in a law office or judge's chambers.[9]

Two other states allow reading law in combination with some law school.New York allows applicants to read law provided they have already completed at least one year of law school study.[10]Maine requires applicants to have completed at least two-thirds of aJuris Doctor degree.[11] A 2023 bill before theMaine Legislature attempted to remove the requirement for two years of law school study, but the bill was indefinitely tabled.[12]

StateRequired law schoolRequired time reading lawTotal timeBar passage rate
Californianone4 years[13]4 years41.7% (2023)[14]
Maine2 years1 year[15]3 years
New York1 year3 years[16]4 years17% (2024)[17]
Vermontnone4 years[18]4 years
Virginianone3 years[19]3 years20.21% (2001–2022)[20]
Washingtonnone4 years[21]4 years20% (2024)[22]

Notable Americans currently reading law

[edit]

From 2018 to 2025,Kim Kardashian read law in California through a San Francisco law firm.[23][24] In November 2025, she announced she failed her first attempt at the bar exam.[25]

Notable Americans who became lawyers by reading law

[edit]

U.S. presidents

[edit]

U.S vice presidents

[edit]

U.S. legislators

[edit]

U.S. Supreme Court chief justices

[edit]

Seven of the first eight U.S. Supreme Court chief justices engaged in their legal education primarily by reading law. Except for the second chief justiceJohn Rutledge, who had formal legal education at theMiddle Temple in London, no chief justice had any university-based legal training untilMelville Fuller in 1888, who attendedHarvard Law School for six months. All chief justices since the appointment ofEdward Douglass White in 1910 have held law degrees.

U.S. Supreme Court justices after 1900

[edit]

Few early Supreme Court justices attended law school although the practice of attending law school became more common after around 1900. Supreme Court justices who read law after 1900 include:

State Governors

[edit]

Other politicians

[edit]

Non-governmental

[edit]

See also

[edit]
  • Articled clerk, a similar practice to Reading Law used in Commonwealth Countries.

References

[edit]
  1. ^abcdAdwar, Corey (July 30, 2014)."There's A Way To Become An Attorney Without Setting Foot In Law School".Business Insider.
  2. ^Harno, Albert J. (1953).Legal Education in the United States: A Report Prepared for the Survey of the Legal Profession. p. 23.
  3. ^Harno (1953), p. 27.
  4. ^Harno (1953), pp. 19–20.
  5. ^Allen, Frederick James (1919).The Law as a Vocation. Harvard University. p. 25.
  6. ^Harno (1953), pp. 86–87.
  7. ^"Rules and Regulations Governing the Washington Law Clerk Program". Washington State Bar Association. 2002. Archived fromthe original on August 23, 2017. RetrievedMarch 4, 2007.
  8. ^"Law Reader Program". Virginia Board of Bar Examiners. 2010. RetrievedJanuary 6, 2010.
  9. ^"TITLE 4. ADMISSIONS AND EDUCATIONAL STANDARDS Adopted July 2007 DIVISION 1. ADMISSION TO PRACTICE LAW IN CALIFORNIA Chapter 1. General Provisions, Rule 4.29 Study in a law office or judge's chambers"(PDF).
  10. ^"New York Rules of the Court of Appeals for the Admission of Attorneys". New York State Board of Bar Examiners. 2000. RetrievedJanuary 20, 2011.
  11. ^"Maine Bar Admission Rules"(PDF). Maine Board of Bar Examiners. 2009. Archived fromthe original(PDF) on July 27, 2011. RetrievedJanuary 20, 2011.
  12. ^"Bill aims to drop law school requirement to become licensed to practice in Maine".Lewiston Sun Journal. 2023-04-06. Retrieved2024-06-10.
  13. ^"The State Bar of California".www.calbar.ca.gov. Retrieved2024-06-10.
  14. ^of California, The State Bar (2023-07-01)."General Statistics Report July 2023 California Bar Examination"(PDF).
  15. ^"Title 4, §803: Qualifications for taking bar examination".legislature.maine.gov. Retrieved2024-06-10.
  16. ^"Part 520 - Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law".nycourts.gov. Retrieved2024-06-10.
  17. ^"New York Bar Exam 2024 Statistics"(PDF).
  18. ^"The Law Office Study Program | Vermont Judiciary".www.vermontjudiciary.org. Retrieved2024-06-10.
  19. ^"VBBE - Law Reader Program - Rules & Regulations".barexam.virginia.gov. Retrieved2024-06-10.
  20. ^"VBBE - Law Reader Program - Memorandum".barexam.virginia.gov. Retrieved2024-06-10.
  21. ^"Washington State Bar Association Law Clerk Program (APR 6)".admissions.wsba.org. Retrieved2024-06-10.
  22. ^"538 Candidates Pass July 2024 Washington State Bar Exam".
  23. ^"Khloe Kardashian Proves Kim Kardashian Is a "MILFY Lawyer" in Law School Update".E! Online. 2024-11-21. Retrieved2024-11-23.
  24. ^D’Zurilla, Christie (2025-05-22)."Kim Kardashian celebrates a major step in her legal journey. Next up? Passing the bar".Los Angeles Times. Retrieved2025-06-09.
  25. ^"Kim Kardashian's Bar Results Revealed After Law School Program".E! Online. 2025-11-08. Retrieved2025-11-09.
  26. ^"Education | John Adams Historical Society".www.john-adams-heritage.com. 29 February 2012. Retrieved2019-12-27.
  27. ^Meacham, Jon (2012).Thomas Jefferson: The Art of Power. Random House LLC. pp. 29, 39.ISBN 978-0679645368.
  28. ^"Jackson, Andrew | NCpedia". 2017-06-18. Archived fromthe original on 18 June 2017. Retrieved2025-01-05.
  29. ^"Millard Fillmore".HISTORY. 29 October 2009. Retrieved2019-12-27.
  30. ^"James A. Garfield Papers".Manuscript Division, Library of Congress.
  31. ^"Chester A. Arthur | Biography, Presidency, Accomplishments, & Facts".Encyclopedia Britannica. Retrieved2019-12-31.
  32. ^"Grover Cleveland | Biography & Facts".Encyclopedia Britannica. Retrieved2020-02-21.
  33. ^"Benjamin Harrison | Early Years".Benjamin Harrison Presidential Site=en. Retrieved2024-12-08.
  34. ^"Wilson, Woodrow (1856–1924)".www.encyclopediavirginia.org. Retrieved2019-12-29.
  35. ^"Calvin Coolidge: Life Before the Presidency".Miller Center. 2016-10-04. Retrieved2019-12-31.
  36. ^Libbey in "The Making of the 'Paducah Politician'", p. 255.
  37. ^"U.S. Senate: Charles Curtis, 31st Vice President (1929-1933)".www.senate.gov. Retrieved2019-12-27.
  38. ^"George Gray".www.fjc.gov. Retrieved2019-12-27.
  39. ^"Alabama Department of Archives and History: Alabama Governors--George Smith Houston".archives.alabama.gov. Archived fromthe original on 2020-05-09. Retrieved2019-12-28.
  40. ^"James Byrnes: South Carolina's Governor, 1951-1955".www.sciway.net. Retrieved2019-10-11.
  41. ^"Butler, Pierce at Federal Judicial Center".www.fjc.gov. Retrieved2019-12-29.
  42. ^"Clarke, John Hessin at the Federal Judicial Center".www.fjc.gov. Retrieved2019-12-29.
  43. ^"Lamar, Joseph Rucker at the Federal Judicial Center".www.fjc.gov. Retrieved2019-12-29.
  44. ^"Pitney, Mahlon at the Federal Judicial Center".www.fjc.gov. Retrieved2019-12-29.
  45. ^"The Supreme Court . Capitalism and Conflict. Biographies of the Robes. Alexander George Sutherland | PBS".www.thirteen.org. Retrieved2019-12-29.
  46. ^"U.S. Senate: Thomas R. Marshall, 28th Vice President (1913-1921)".www.senate.gov. Retrieved2019-12-27.
  47. ^"Marilla Ricker, 1840-1920 | Library".www.library.unh.edu. Retrieved2019-12-29.
  48. ^staff (November 1, 1900). "Endorsed by Bryanites".The Eureka Herald.
  49. ^Richards, Irving T. (1933).The Life and Works of John Neal (PhD). Cambridge, Massachusetts:Harvard University. p. 57.OCLC 7588473.
  50. ^"Drake, Charles Daniel - Federal Judicial Center".www.fjc.gov. Retrieved2019-12-31.
  51. ^"Clarence Seward Darrow Facts".biography.yourdictionary.com. Retrieved2019-12-30.
  52. ^"Clarence Darrow | American lawyer".Encyclopedia Britannica. Retrieved2019-12-30.

External links

[edit]
Constitutional law
andlegislation
Scales of justice
Courts of the
United States
Federal courts
State courts
Education
Types of law
Retrieved from "https://en.wikipedia.org/w/index.php?title=Reading_law&oldid=1322205536"
Categories:
Hidden categories:

[8]ページ先頭

©2009-2025 Movatter.jp