Eleanor Swift - Statement of Teaching Philosophy

Statement of Teaching Philosophy

"The courses that I teach at the School of Law—Civil Procedure, Evidence, and Legal Profession—all focus on the adversary system. My goal is, of course, to develop students' knowledge of the legal rules, practices and procedures that govern civil and criminal trials. Equally important, however, is that students understand how these rules establish roles for the participants in the adversary system — the lawyers, their clients, the judge and the jury. I develop opportunities for students to learn how lawyers function in resolving individual and societal disputes, and to critique this function from theoretical, professional, and ethical perspectives.

"Taking a theoretical perspective on the rules of the adversary system requires examination of the core values—truth (or rectitude of decision), fairness, efficiency and finality—that underlie our procedural justice system. The rules are carefully examined and debated with regard to their efficacy in promoting these values. Since these core values are often in tension, alternatives are explored and compromises are evaluated.

"A professional perspective on legal rules integrates both theory and practice. Students are introduced to acting in the lawyers' and judge's roles through specific role-playing techniques that I have incorporated into all of my classes. These techniques permit discussion of ethical dilemmas in the lawyer's role to arise naturally in class.

"The ethical perspective emphasizes the importance of the lawyer's responsibility to the client within the adversary system. Law students tend to think of lawyers as "in charge" and it is important to expose them to the constraints on their autonomy created by a representational relationship. My aim is to introduce students to various other role dilemmas, to the incomplete answers provided by our codes of professional ethics, and hence to their own responsibility to develop their individual moral commitments both in and out of role. Finally, I also address the ethical obligation of the legal profession to provide access to our system of justice.

"The practice of law is challenging precisely because it is constantly working out the tension in the core values of the justice system. Legal education must train students to think competently and critically not only about the content of the law and legal rules, but also about the lawyer's role as a professional, with obligations to others, including the legal system in general, beyond self-interest. In law teaching, it is easy to focus almost exclusively on content, but to do so would be to fail in our own professional responsibility."