Ever wondered how lawyers became "lawyers"? Today, we picture grand universities with ivy-covered buildings. But legal education wasn't always like that. In fact, the way law schools developed in America reveals a less-than-rosy history, one where the push for "professionalism" was often a thinly veiled excuse to keep out Black people and other minorities.
The Old Way: Learning on the Job
For centuries, if you wanted to become a lawyer, you'd apprentice with an experienced attorney. Think of it like a hands-on internship. You'd learn the ropes by working in their office, reading law books, and observing court cases. There were also a few early law schools, but they weren't the norm. This "learn-by-doing" approach, while imperfect, allowed for a more diverse group of people to enter the legal field, regardless of their wealth or background.
The "Professional" Shift: Raising the Bar (and Barriers)
As the 19th century turned into the 20th, things started to change dramatically. Organizations like the American Bar Association (ABA) emerged, pushing for a more "professional" legal system. This meant moving away from apprenticeships and correspondence courses (where you'd learn through mailed lessons) and towards mandatory, in-person, university-based law schools.
On the surface, this sounded good – ensuring higher standards and better-trained lawyers. But dig a little deeper, and you find a darker truth.
The Hidden Agenda: Excluding Minorities
The "professionalization" movement, with its emphasis on expensive, time-consuming, in-person education, became a powerful tool for exclusion:
Financial Barriers: Attending a multi-year, residential law school was a huge financial burden. This immediately priced out many Black, immigrant, and working-class individuals who couldn't afford to stop working and pay for tuition and living expenses.
Segregation and Discrimination: Most traditional law schools, especially in the South, were explicitly segregated and refused to admit Black students. Even in the North, discrimination was rampant.
Killing Off Alternatives: Correspondence and night schools, which were often the only options for those facing discrimination or financial hardship, were actively discredited and eventually made invalid for bar admission in many places. This effectively slammed the door shut for countless aspiring Black lawyers.
The ABA itself excluded Black members for decades, only starting to admit them in the 1940s. This isn't just a coincidence; it shows a deliberate effort to maintain a predominantly white, male, and elite legal profession.
The Legacy: Still Fighting for Equity
While things have certainly changed since the early 20th century, the legacy of these discriminatory practices still impacts the legal profession today. The fight for diversity, equity, and inclusion in law schools and legal practice continues. Understanding this history helps us appreciate the resilience of those who overcame immense barriers and reminds us that true "professionalism" should always be about competence and justice, not exclusion.
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