The Bar Exam as a Theory of Law
posted by Daniel Solove
Just in time for Bar Exam season, I have posted my short book review of the Bar Exam: The Multistate Bar Exam as a Theory of Law, 104 Michigan L. Rev. 1403 (2006). From the abstract:
What if the Bar Exam were read as a work of jurisprudence? What is its theory of law? How does the Bar Exam compare to works of jurisprudence by H.L.A. Hart, Ronald Dworkin, Karl Llewellyn, and others? This short tongue-in-cheek book review of the Bar Exam seeks to answer these questions. Professor Solove writes: “Each year, thousands of lawyers-to-be ponder over it, learning its profound teachings on the meaning of the law. They study it for months, devoting more time to it than practically any other jurisprudential text. It therefore comes as a great surprise that such a widely read and studied work has barely received scholarly attention. . . . It is time to rectify this situation and put the Bar Exam in its place as the great work of jurisprudence that it is.”
This book review actually originated as a blog post nearly a year ago, and I was delighted to have the opportunity to transform it into a printed published piece. I’ve reworked the text a bit, and expanded it somewhat, but I did my best to keep it short and to the point. It is 4 pages long, so it remains a quick easy read — and hopefully, a fun one too. At the very least, it is a lot more fun than studying for the Bar Exam! You can download it here.
1. Solove, Abolish the Bar Exam (Dec. 2005)