The Socratic Method
Posted by AustinGroothuis | 12 Apr, 2006
The Socratic method is one of the most written about, talked about, and feared aspects of law school. There is an extensive debate about this method's usefulness as a teaching tool.
But if you are going to law school, you will have to deal with the Socratic method. So here is a little summary of the Socratic method including some personal experience and advice.
More below...
What is the Socratic Method?:
Here is a definition from Wikipedia:
"Socratic method is widely used in contemporary legal education by many law schools in the United States.
In a typical class setting, the professor asks a question and calls on
a student who may or may not have volunteered an answer. The professor
either then continues to ask the student questions or moves on to
another student.
These subsequent questions can take a few forms. Sometimes they seek
to challenge the assumptions upon which the student based the previous
answer until it breaks. Further questions can also be designed to move
a student toward greater specificity, either in understanding a rule of
law or a particular case. Finally professors use the Socratic method to
allow students to come to legal principles on their own through
carefully worded questions that spur a particular train of thought."
--http://en.wikipedia.org/wiki/Socratic_Method
There are different variations on the Socratic method that you will encounter in law school. With the traditional Socratic method, the professor calls on a student at random and focuses on that student for a time by continually asking follow up questions to the student's answers.
But a lot of professors use versions of learning that only resemble the traditional Socratic method. For example warning the class before that a certain group of students will be "on call" the next class. Other professors will not resort to the Socratic method unless students refuse to voluntarily.
My Battles with Socrates:
(or "How I
Look Absolutely Foolish Every Time I am Involuntarily Called upon in
Class:") Between, maybe, one-fourth and one-half of my professors used
the pure Socratic method. So in approximately one-fourth to one-half of
my classes I ended up looking ridiculous at one point or another. And
this was not always simply me thinking that I looked ridiculous, it was
actually giving the impression to my professor and peers that I had no
idea what was taking place in the room at that time, oftentimes passing
on the question altogether.**
The truth is, I do not always feel comfortable when put on the spot in class. You may not either. Does that mean you will fail out of law school? Does that mean that you will be a terrible lawyer?
Not at all (at least I can speak on the first question). The one good thing about the Socratic method is this: it does not matter. Granted, coming to class unprepared or having an inability to understand the material is not a combination for excellence in law school. But looking foolish in class will not affect your grade, just your ego.
Unless you are extremely comfortable with someone who is head and shoulders smarter than you on a certain subject challenging you in front of a large number of people, the Socratic method will make you uneasy. It may cause you to leave some classes feeling like you looked foolish in front of everyone in the room. But...
Advice:
Forget about the Socratic method. It should be the least of your
worries coming into law school or even once you are in school. The exam
is almost always the only important (grade-determining) aspect of the
course. Always remember, you are preparing for the exam, not
necessarily preparing to look smart in class.
When you are called on in law school, just do the
best you can. Most professors do not take class participation into
account when handing out grades. In my experience the ones that do take
participation into account are not the traditionalists who stick
strictly to the Socratic method anyway.
Volunteering for a case or question will often lessen the chance that a professor will put you on the spot when you are not ready.
And finally, if you have a less than stellar Socratic encounter, coming from a person who has had his share, just forget about it. Everyone else in your class (probably including the professor) likely will forget. You may be a little embarrassed but all that matters is the performance on the exam.
Links:
More advice:
http://www.wcl.american.edu/pub/handbook/approach.html
The debate over the Socratic Method:
http://webapp.utexas.edu/blogs/archives/bleiter/000294.html
http://www.law.uchicago.edu/socrates/method.html
-----------------------------------------**One particularly famous moment among my friends came when I was cold-called in Contracts. The exchange was something like this:
Prof: "(My Name), would you like to share your opinion on this?"
Me: "No, not really..."
Prof: "(Restated what we were talking about), what do you think?"
Me: "I'm not really sure..."
Prof: "Come on, you must have an opinion on this?"
Me: "No, not today."
Prof: (Moves on to the next student)


Lol.. love your exchange with your prof. Thanks for helping me feel better about the Socratic method. I start August 15th and I'm so nervous I can barely stand it!
Posted by Laura 05 Jul 2006, 08:33