Law degree

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A law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers. But while their curricula may be reviewed by legal authority, they do not confer a license themselves. A legal license is granted by examination, and exercised locally. The law degree can have local, international, and world-wide aspects, such as in England and Wales, where the Legal Practice Course or passing Solicitors Qualifying Examination (SQE) is required to become a solicitor [1] [2] or the Bar Professional Training Course (BPTC) to become a barrister. [3]

Contents

History

The first academic degrees were law degrees, and the first law degrees were doctorates. The foundations of the first universities in Europe were the glossators of the 11th century, which were schools of law. [4] The first European university, Bologna, was founded by four legal scholars in the 12th century. The first academic title of "doctor" applied to scholars of law. The degree and title were not applied to scholars of other disciplines until the 13th century. [5]

The University of Bologna served as the model for other law schools of the medieval age. [6] While it was common for students of law to visit and study at schools in other countries, that was not the case with England. This was because of the English rejection of Roman law. Although the University of Oxford and University of Cambridge did teach canon law up until the English Reformation, its importance was always superior to civil law in those institutions. [7]

Types of degrees

The type of law degree conferred differs according to the jurisdiction.

A typical Juris Doctor diploma from the United States, here from Suffolk University Law School in 2008. Juris Doctor diploma.jpg
A typical Juris Doctor diploma from the United States, here from Suffolk University Law School in 2008.

Austria

Magister iuris (Mag. iur.) ("Master of Law") in Austria. It is a master's level degree and the first academic title within both systems. After three years of practice, students can take the "Anwaltsprüfung," an equivalent of the bar exam.

Brazil

Bacharel em Direito (Bachelor of Laws) or Bacharel em Ciências Jurídicas e Sociais (Bachelor of Laws and Social Sciences), in Brazil. It is an undergraduate degree. To be a lawyer and be admitted at the Ordem dos Advogados do Brasil (Brazilian Bar Association), the Bachelor must be approved at the Brazilian Bar Exam. If the Selection and Registration Committee accept the new member, they will be considered an Advogado (Attorney at Law/Advocate).

Canada

Canada's legal system is composed of both common law and civil law elements. As of 2019, [8] the professional degree required to become a common law lawyer is a Juris Doctor (J.D.). Formerly, this degree was called a Bachelor of Laws (LL.B., Legum Baccalaureatus in Latin), but the name was phased out. LL.B. holders were often given the chance to convert their degrees to the new designation. Despite having the word "Doctor" in the name, the J.D. remains a second-entry undergraduate programme, requiring some years of undergraduate study before applicants are eligible. For Quebec, where provincial law is a hybrid of French-heritage civil law for civil matters and common law for public, criminal, and federal law matters, the professional degree is often called the Bachelor of Civil Law (B.C.L.) in English, and has other designations at various institutions in Quebec. Prior to getting called to the bar in one of Canada's provinces or territories, degree-holders must complete bar exams and articling terms (professional apprenticeships with practising lawyers) or the equivalent thereof. [9]

For graduate academic study in law, the master's level designation is the Master of Laws (LL.M., Legum Magister in Latin). Doctoral-level legal research degrees vary in title by institution, but the designations include the Doctor of Juridical Science (S.J.D., Scientiae Juridicae Doctor in Latin), Doctor of Philosophy in Law (Ph.D., Philosophiae Doctor in Latin), or Doctor of Laws (LL.D., Legum Doctor in Latin) for common law-based doctorates and the Doctor of Civil Law (D.C.L.) for civil law-based doctorates.

The degree of Doctor of Laws (LL.D., Legum Doctor in Latin) is reserved at some universities for honorary use.

Croatia

Magister iuris (Mag. iur.) ("Master of Law") in Croatia. It is a master's level degree and the first academic title within the system. After three years of practice, students can take the "Pravosudni ispit," an equivalent of the bar exam.

Finland

The Finnish title of varatuomari is the basic qualification for the legal profession. It is obtained by a one-year externship at a district court after completing a master's degree in law in a university.

Germany

Erstes Juristisches Staatsexamen is partially equivalent to the Bar exam, since the second part (Zweites Juristisches Staatsexamen), is the German equivalent to the Bar exam in the U.S. At some universities you either become a "Lizentiat des Rechts (Licentiatus iuris)", a Magister iuris, or a Diplom-Jurist. It is a master's-level degree. [10]

Italy

Laurea di Dottore in Giurisprudenza for graduates before the Bologna Process reforms, or Laurea Magistrale in Giurisprudenza after the Bologna Process reforms ("Juris Doctor"), in Italy. It is a masters level degree, [11] however all graduates of Italian universities are authorized to use the title of "dottore" (Italian for doctor). [12]

Mexico

Licenciatura en Derecho ("Bachelor in Law") in Mexico.

Russia

In Russia, students attend university to earn a Specialist degree in law. A Russian law degree is graduate-level degree, which allows for PhD research after admission to the PhD department (aspirantura), though formally it is not at the master's level. [13]

Spain

Spanish universities confer a Bachelor's Degree in Law. At one time, students earned law degrees as a part of the five-year Bologna Process. The modern Spanish law program consists of four years, with internship and to specialize and it has a graduate level (it is necessary to study a master's degree).

Switzerland

Lizentiat der Rechtswissenschaften (German) / Licence en droit (French) until 2004 and Master of Law (MLaw) since 2004 (as a result of the Bologna Process) in Switzerland. It is a masters level degree.

Ukraine

Since 2017 the main degree in law in Ukraine is a Master of Laws degree (mahistr prava, 1.5 or 2 years of study after obtaining a Bachelor of Laws degree).

It may be obtained only after obtaining a Bachelor of Laws degree (bakalavr prava, 4 years of study after graduation from high school).

Until 2017 Ukrainian universities also conferred a Specialist in Law degrees (spetsialist prava or iuryst). Until 2002 it required 5 years of study after graduation from high school (according to the system of education inherited from the Soviet era). In 2002–2017, a Specialist in Law degree existed alongside the Master of Laws; in these years Specialist in Law programs lasted 1 year after obtaining Bachelor of Laws degree). In 2016, students were enrolled on the specialist's programs for the last time.

United Kingdom and Ireland

Universities in the United Kingdom generally award a Bachelor of Laws (LL.B.) for undergraduate legal studies, although some award a Bachelor of Arts as their standard undergraduate law degree, as with the B.A. in jurisprudence at the University of Oxford and the B.A. Tripos in Law at the University of Cambridge. The Bachelor of Civil Law (B.C.L.) degree awarded by the University of Oxford is in fact a postgraduate degree, similar to an LL.M. elsewhere.

In the Republic of Ireland, undergraduate law degrees are offered in the same fashion as in the United Kingdom. While the constituent universities of the National University of Ireland award a Bachelor of Civil Law (B.C.L.) degree as their primary undergraduate law degree, it is in fact a common law degree that is directly equivalent to an LL.B. degree elsewhere. The Bachelor of Laws (LL.B.) degree is the degree generally awarded by other universities and colleges in Ireland.

Many universities also offer a Master of Laws. Also referred to as an LL.M. from its Latin name, Legum Magister. It is an advanced academic degree pursued by those holding a professional law degree or a degree in a relevant field.

Others

Juris Doctor (J.D.) in the United States and Japan (also offered at some schools in Canada, the United Kingdom, Australia, and Hong Kong). It is a professional degree. [14]

Legum Doctor (known as the LL.D., or in some jurisdictions Doctor of Laws) is in some jurisdictions the highest academic degree in law and is equivalent to a Ph.D., and in others is an honorary degree only.

Doctor of Juridical Science (S.J.D.) is a research doctorate in law awarded mostly in the United States and Canada.

See also

Related Research Articles

<span class="mw-page-title-main">Juris Doctor</span> Graduate-entry professional degree in law

A Juris Doctor or a Doctor of Jurisprudence (JD) is a graduate-entry professional degree in law. The JD is the standard degree obtained to practice law in the United States; unlike in some other jurisdictions, there is no undergraduate law degree in the United States. In the United States, along with Australia, Canada, and some other common law countries, the JD is earned by completing law school.

An academic degree is a qualification awarded to a student upon successful completion of a course of study in higher education, usually at a college or university. These institutions often offer degrees at various levels, usually divided into undergraduate and postgraduate degrees. The most common undergraduate degree is the bachelor's degree, although some educational systems offer lower level undergraduate degrees such as associate and foundation degrees. Common postgraduate degrees include master's degrees and doctorates.

<span class="mw-page-title-main">Doctorate</span> Academic or professional degree

A doctorate, doctor's degree, or doctoral degree is a postgraduate academic degree awarded by universities and some other educational institutions, derived from the ancient formalism licentia docendi. In most countries, a research degree qualifies the holder to teach at university level in the degree's field or work in a specific profession. There are a number of doctoral degrees; the most common is the Doctor of Philosophy (PhD), awarded in many different fields, ranging from the humanities to scientific disciplines.

Bachelor of Civil Law is the name of various degrees in law conferred by English-language universities. The BCL originated as a postgraduate degree in the universities of Oxford and Cambridge; at Oxford, the BCL continues to be the primary postgraduate taught course in law. It is also taught as an undergraduate degree in other countries. The reference to civil law was not originally in contradistinction to common law, but to canon law, although it is true that common law was not taught in the civil law faculties in either university until at least the second half of the 18th century. However, some universities in English-speaking countries use the degree in the former sense.

<span class="mw-page-title-main">Legal education</span> Education in topics related to law

Legal education is the education of individuals in the principles, practices, and theory of law. It may be undertaken for several reasons, including to provide the knowledge and skills necessary for admission to legal practice in a particular jurisdiction, to provide a greater breadth of knowledge to those working in other professions such as politics or business, to provide current lawyers with advanced training or greater specialisation, or to update lawyers on recent developments in the law.

<span class="mw-page-title-main">Master of Science</span> Masters degree awarded for post-graduate study in the sciences

A Master of Science is a master's degree in the field of science awarded by universities in many countries or a person holding such a degree. In contrast to the Master of Arts degree, the Master of Science degree is typically granted for studies in sciences, engineering and medicine and is usually for programs that are more focused on scientific and mathematical subjects; however, different universities have different conventions and may also offer the degree for fields typically considered within the humanities and social sciences. While it ultimately depends upon the specific program, earning a Master of Science degree typically includes writing a thesis.

Bachelor of Laws is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in Australia, People's Republic of China, Hong Kong S.A.R., Macau S.A.R., Malaysia, Bangladesh, India, Japan, Pakistan, Uganda, Kenya, Ghana, New Zealand, Nigeria, Singapore, South Africa, Botswana, Israel, Brazil, Tanzania, Zambia, and many other jurisdictions.

Degree abbreviations are used as an alternative way to specify an academic degree instead of spelling out the title in full, such as in reference books such as Who's Who and on business cards. Many degree titles have more than one possible abbreviation, with the abbreviation used varying between different universities. In the UK it is normal not to punctuate abbreviations for degrees with full stops, although this is done at some universities.

A Master of Laws is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In most jurisdictions, the "Master of Laws" is the advanced professional degree for those usually already admitted into legal practice.

A licentiate is an academic degree present in many countries, representing different educational levels. It may be similar to a master's degree when issued by pontifical universities and other universities in Europe, Latin America, and Syria.

An engineer's degree is an advanced academic degree in engineering which is conferred in Europe, some countries of Latin America, North Africa and a few institutions in the United States. The degree may require a thesis but always requires a non-abstract project.

Legum Doctor (LL.D.) or, in English, Doctor of Laws, is a doctorate-level academic degree in law or an honorary degree, depending on the jurisdiction. The double “L” in the abbreviation refers to the early practice in the University of Cambridge to teach both canon law and civil law, with the double “L” itself indicating the plural, although Cambridge now gives the degree the name Doctor of Law in English. This contrasts with the practice of the University of Oxford, where the degree that survived from the Middle Ages is the DCL or Doctor of Civil Law (only).

A Diplom is an academic degree in the German-speaking countries Germany, Austria, and Switzerland and a similarly named degree in some other European countries including Albania, Bulgaria, Belarus, Bosnia and Herzegovina, Croatia, Estonia, Finland, Poland, Russia, and Ukraine and only for engineers in France, Greece, Hungary, North Macedonia, Romania, Serbia, Slovenia, and Brazil.

<span class="mw-page-title-main">Law school</span> Institution specializing in legal education

A law school is an institution specializing in legal education, usually involved as part of a process for becoming a judge, lawyer, or other legal professional within a given jurisdiction.

An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.

A magister degree is an academic degree used in various systems of higher education.

A professional degree, formerly known in the US as a first professional degree, is a degree that prepares someone to work in a particular profession, practice, or industry sector often meeting the academic requirements for licensure or accreditation. Professional degrees may be either graduate or undergraduate entry, depending on the profession concerned and the country, and may be classified as bachelor's, master's, or doctoral degrees. For a variety of reasons, professional degrees may bear the name of a different level of qualification from their classification in qualifications, e.g., some UK professional degrees are named bachelor's but are at master's level, while some Australian and Canadian professional degrees have the name "doctor" but are classified as master's or bachelor's degrees.

MJur is an academic degree in law awarded by some universities.

<span class="mw-page-title-main">Doctor of Law</span> Doctoral degree in law

A Doctor of Law is a degree in law. The application of the term varies from country to country and includes degrees such as the Doctor of Juridical Science, Juris Doctor (J.D.), Doctor of Philosophy (Ph.D.), and Legum Doctor (LL.D.).

<span class="mw-page-title-main">Candidate (degree)</span> Nomenclature of academic degree in various countries

Candidate is the name of various academic degrees, which are today mainly awarded in Scandinavia. In much of Europe, the degree title was phased out through the 1999 Bologna Process, which has re-formatted academic degrees in Europe.

References

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  2. "Solicitor's Regulation Authority Student and Training information". Solicitor's Regulation Authority. Archived from the original on 2012-07-19. Retrieved 2009-01-04.
  3. "How to Become a Barrister". The Bar Council (UK). Archived from the original on December 18, 2008. Retrieved 2009-01-04.
  4. Herbermann, et al. (1915). Catholic Encyclopedia. New York: Encyclopedia Press. Accessed May 26, 2008.
  5. Herbermann (1915).
  6. García y García, A. (1992). "The Faculties of Law," A History of the University in Europe, London: Cambridge University Press. Accessed May 26, 2008.
  7. García y García (1992), 390.
  8. "McGill adopts JD designation for common law degree". Faculty of Law. Retrieved 2020-05-23.
  9. "How do I become a lawyer in Ontario?".
  10. Free University of Berlin. Bachelor, Diploma and Staatsexamen Archived 2009-03-31 at the Wayback Machine (in German). Accessed January 5, 2008. See also Staatsexamen
  11. See University of Ferrara. Faculty of Law Archived 2016-03-31 at the Wayback Machine (in Italian). Accessed January 5, 2008.
  12. Regio Decreto 4 giugno 1938, n.1269 Archived 2009-08-09 at the Wayback Machine , Art. 48. (in Italian). Accessed February 10, 2009.
  13. Julia Pogodina and Ruslan Sadovnikov. Legal Education and Legal Careers in Russia Archived 2009-03-26 at the Wayback Machine . Northwestern University School of Law, Career Center. Accessed January 7, 2009.
  14. Association of American Universities Data Exchange. Glossary of Terms for Graduate Education Archived 2009-03-04 at the Wayback Machine . Accessed May 26, 2008; National Science Foundation (2006). "Time to Degree of U.S. Research Doctorate Recipients Archived 2016-03-08 at the Wayback Machine ," "InfoBrief, Science Resource Statistics" NSF 06-312, 2006, p. 7. (under "Data notes" mentions that the J.D. is a professional doctorate); San Diego County Bar Association (1969). "Ethics Opinion 1969-5" Archived 2003-04-11 at the Wayback Machine . Accessed May 26, 2008. (under "other references" discusses differences between academic and professional doctorate, and statement that the J.D. is a professional doctorate); University of Utah (2006). University of Utah – The Graduate School – Graduate Handbook Archived 2008-06-26 at the Wayback Machine . Accessed May 28, 2008. (the J.D. degree is listed under doctorate degrees); German Federal Ministry of Education. "U.S. Higher Education / Evaluation of the Almanac Chronicle of Higher Education" Archived 2008-04-13 at the Wayback Machine (in German). Accessed May 26, 2008. (report by the German Federal Ministry of Education analysing the Chronicle of Higher Education from the U.S. and stating that the J.D. is a professional doctorate); Encyclopædia Britannica. (2002). "Encyclopædia Britannica", 3:962:1a. (the J.D. is listed among other doctorate degrees).