Wesley Alba Sturges
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Wesley Alba Sturges (1893-1962) was an American legal scholar who served as a professor of law at the
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by '' U.S. News & World ...
from 1924 to 1961, and served as dean of the law school from 1945 to 1954. He received his LL.B. from Yale in 1923. He retired from Yale in 1961 to become dean of the
University of Miami School of Law The University of Miami School of Law (Miami Law or UM Law) is the law school of the University of Miami, a private research university in Coral Gables, Florida. Founded in 1926, the University of Miami School of Law is the oldest law school ...
. He was a prominent figure in Yale's
Legal Realism Legal realism is a naturalistic approach to law. It is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence. Hypotheses must be tested against observations of the world. Legal realists ...
movement. In his article (with Samuel Clark), ''Legal Theory and Real Property Mortgages'', 37 Yale L. J. 691 (1928), he sought to make the Legal Realist point that doctrinal distinctions between " lien theory" and " title theory" did not have any actual effect on how courts ruled in litigation about
mortgage A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any ...
disputes. His
casebook A casebook is a type of textbook used primarily by students in law schools.Wayne L. Anderson and Marilyn J. Headrick, The Legal Profession: Is it for you?' (Cincinnati: Thomson Executive Press, 1996), 83. Rather than simply laying out the legal do ...
, ''Cases and Materials on the Law of Credit Transactions'', emphasized the contradictions in judicial decision-making and sought to dispel the view that "what judges said in one case with its setting can be used to redictwhat they will decide in another case" with a different factual setting. From 22 Oct 1938, Sturges fulfilled the role of Executive Director of the Distilled Spirits Institute and gave evidence to the US Congress Investigation of Concentration of Economic Power (Parts 6-8 Liquor Industry) between 14 and 17 March 1939. As 'czar' of the nation's distilled liquor industry, Sturges drew up a code of practice to reform commercial practices, maintain an open competitive market, to end the system of secret rebates and other corner-cutting dodges, and to balance the field between larger and smaller operations. After he stepped down from the deanship, Sturges taught only three courses, annually in rotation, one semester each year—
arbitration Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the ...
, real-property credit transactions, and chattel credit transactions. Using an advanced form of the
Socratic method The Socratic method (also known as method of Elenchus, elenctic method, or Socratic debate) is a form of cooperative argumentative dialogue between individuals, based on asking and answering questions to stimulate critical thinking and to draw ou ...
, he sought in these courses to teach students rhetoric and advocacy rather than substantive law—what he termed "learning to stand up on your hind legs and make noises like a lawyer." He was famous at Yale for his technique of calling upon a student to recite what a case held, asking him whether he agreed or disagreed with the court's ruling, and regardless of how the student replied, slowly forcing him by pointing out difficulties in that position, to adopt the contrary view, whereupon Sturges would by the same technique then argue the student back to conceding the validity of his original position. The point was to teach students both how to make noises like a lawyer and not to get led down the primrose path by an adversary. Professor
Grant Gilmore Grant Gilmore (1910 – 1982) was an American law professor who taught at Yale Law School, the University of Chicago Law School, the College of Law (now Moritz College of Law) at the Ohio State University, and Vermont Law School. He was a s ...
said of Wesley Sturges:
What did Wesley teach us?...He taught us forever to be on our guard against the slippery generality, the received principle, the authoritative proposition. He taught us to trust no one's judgment except our own--and not to be too sure of that. He taught us how to live by our wits. He taught us, in a word, how to be lawyers.
Professor Ralph S. Brown said of Sturges:
Sturges was the most compelling teacher of my time. He was just a master of the Socratic method. You never knew what ball was under that shell. . . .Bonnie Collier
''A Conversation with Ralph S. Brown''
5 (2014), Yale Law School Oral History Series. Book 8.


References

{{DEFAULTSORT:Sturges, Wesley Alba 1893 births 1962 deaths American legal scholars Yale Law School alumni Yale Law School faculty Deans of Yale Law School Philosophers of law 20th-century American academics