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耶鲁大学法学院院长2008年迎新发言(MP3）附英文文本 2009-04-04 22:15|(分类:法学教育)
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http://dumu.fyfz.cn/blog/dumu/index.aspx?blogid=405870
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·耶鲁大学法学院院长2008年迎新发言(MP3）附英文文本 发表时间:2008-11-4 22:25:00
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在法博上看到耶鲁大学法学院院长2008年迎新发言，英语听力不大好，于是找到英文原文对着听 Dean‟s Welcoming Speech Harold Hongju Koh Yale Law School August 27, 2008 http://cs.law.yale.edu/blogs/files/7/214/StudentWelcomeKoh082708.mp3
耶鲁大学法学院院长在开学典礼上的致辞(转)发表时间：2008-11-15 7:34:00 阅读数次： 131
Welcome to Yale Law School!
I am Harold Koh, and I am the Dean here.Please call me Harold.I really mean that.I have taught Procedure and International Law here for more than two decades, and I have called New Haven home for nearly five.If that is who I am, who are you? You, collectively, are the 197th group of law students to receive your legal education here at Yale.Formal legal education began here in New Haven around 1814, at least three years before Chief Justice Isaac Parker of the Supreme Court of Maachusetts founded a law school up at Harvard, and 32 years before a law school was founded down at Princeton, which closed its doors only six years later.As you will hear this afternoon, when Profeor John Langbein tells you about the early history of Yale Law School, legal education first came here more than 200 years ago, when a Yale college graduate named Seth Staples and two of his students—Samuel Hitchcock and David Daggett, all of whose portraits now hang in Room 127—started to teach budding lawyers in the New Haven building that became Yale Law School.(Parenthetically, that explains the seal of the Yale Law School that is now your shield: which honors these founders with a field of Staples on the left, in honor of Seth Staples;a greyhound on the right in honor of David Daggett(whose original family name was Doget);and an alligator on top— which Samuel Hitchcock and his family took as their symbol after the family moved to the Bahamas.)You, nearly the 200th cla ever to study here, include 189 entering JD students from 77 undergraduate institutions, 28 LLMs, 7 new JSD students, 14 transfer students, and several visiting students.You are, quite simply, the finest group of entering law students aembled anywhere on this planet this year.Each year, one school in this world gets to say that, and this year, happily, it is us.You are the best, not just because you are so able, but because you are so interesting.Collectively, you have lived or worked in 77 countries;you read and speak at least 30 languages.(Take a look at this map).Your clamates include: A Chinese yo-yo artist, a hip-hop dancer;a certified judge for the Kansas City Barbeque Society;a scholar of Korean soap opera;a firefighter;a member of the College Football Hall of Fame;winner of 2007 The New Yorker Cartoon Caption Contest;a former Brazilian profeional soccer player;a sailor who twice croed the Atlantic;the youngest university graduate in the history of Germany;and the leader of the cymbal section of a marching band that once played at the Vatican.By the numbers, your group includes: 1 Flamenco dancer 2 Military officers 2 Debate champions 2 Competitive skydivers 3 Radio talk show hosts 4 Black belts in martial arts 4 Eagle Scouts 5 Mountain climbers, including 2 who climbed Mt.Kilimanjaro A television producer who won 5 Emmy awards 7 Marathon runners And a partridge in a pear tree.:-)
Now hearing this litany, I know what you are saying: “So what on earth am I doing here?”
If it makes you feel better, let me aure you that you are not alone.I know just how you feel.The only difference between you and me is that we started law school 30 years apart.Like you, until now, I have been lucky in my career.Like you, I have been to places I‟ve never dreamed I could go.And like you, I have sometimes wondered whether I got to where I am at Yale Law School because somebody well meaning made the wrong decision.But what I have learned over time is that there is no such thing as a wrong decision.There is the decision that you make, then what you do to make it the right decision.On the day I was invited to clerk for the Supreme Court, I asked my late father: “Do I deserve this?” He paused, and answered, “Of course not.No one deserves to clerk for the Supreme Court.But if you give it your best, by the time you are done, you will have deserved it.”
So that is what I say to you about Yale Law School: To be at Yale Law School is a very great privilege.None of us really deserves to be here.But if we all do what we have to do, if we make this place our own, if we do our best and force our school to live up to its own highest aspirations, then all of us will belong here.So that is my first meage: today marks the start of our journey together.To prove that I really do intend to journey with you, please mark your calendars for a week from this Saturday—Sept.6—when you can tell the Dean to take a hike, then actually go with him.We will gather at a state park in Hamden and hike to the top of Sleeping Giant mountain(it is actually a foothill, but for us in Connecticut, it‟s as close as we get to a mountain).At the top, we will take pictures, survey the landscape, then hike back down for lunch to celebrate our new beginning.As you look around this room, consider this fact: for each of you sitting here, 20 others applied for your place.We have far more qualified applicants than we can accept, but you were selected for a reason.You were chosen to be a part of this dynamic community because of the unique talents, ideas, and energy that you poe.So look to your left;look to your right.You see what Yale Law School is, and must always be: a community of remarkable individuals, committed to excellence and humanity in everything you do.From century to century, from cla to cla, this School has remained a community of commitment to the values we share.In your time here, you will hear that phrase from me often:
A community of commitment.A community of commitment.There are many committed individuals who belong to no communities.There are many communities that share no commitments.But what makes the Yale Law School a special law school is that it is a community of commitment: commitment to the highest excellence in our work as lawyers and scholars, commitment to the greatest humanity in our dealings with others, and commitment to lives genuinely devoted not to selfishne, but service.As you look to your left and right, please remember one more thing: this is a place where we are committed to each other.At this school, you will learn best through dialogue with one another.The people who will get you through here;the people who will teach you most about how to be a good lawyer and how to be a good person are the clamates you meet for the first time today.Your clamates will stay with you throughout your lives.They will attend your wedding, join your vacations, serve as godparents of your children, watch over you in illne, send you emails and clients, vouch for you at your Senate confirmations, and speak at your funeral.So if you are wondering: how am I going to make my way here? The answer is simple: Trust your clamates.Right now they are your clamates;but in time, they will be your soulmates.Think of them as your brothers-and sisters-in-law.You are all in this together, and the time to start supporting one another is right now.Now all of this sounds fine, except for one thing: when it comes to Law School, your clamates are novices, too.None of them can answer the questions that cloud your mind: like, how do I get off to a good start in law school?
Well, those are relatively easy questions.Getting oriented is what orientations are for, and this week is designed to help you figure out where things are, and who can help you solve your transition problems.Each of you is aigned to a Dean‟s Advisor;let me ask them all to stand up: Yaw Anim BJ Ard Sipoura Barzideh Jennifer Bennett Lauren Chamblee Caroline Edsall Elliot Morrison Christina Parajon Sergio Perez Sujeet Rao In our Office of Student Affairs, we have a wonderful Dean of Students in Sharon Brooks;a marvelous Student Life Coordinator, Maura Sichol-Sprague;Sachi Rodgers, Special Project Coordinator in charge of Student Organizations;Marie Battista, Senior Administrative Aistant;and Joe Lynch, Student Journals Aistant.As you will learn, in addition to having the best students and faculty in the world, we have the most humane and dedicated administrative staff in the world.The real Deans of Yale Law School, the Administrative Deans who make this place run, are pictured at the front of your facebook, but let me introduce some of them now.First, our two deputy deans:
Reva Siegel, Deputy Dean for Intellectual Life and the Nicholas Katzenbach Profeor of Law;
Jon Macey, Deputy Dean for Curriculum and Sam Harris Profeor of Corporate Law, Corporate Finance and Securities Law;
Our Librarian, Profeor Blair Kaufmann, and:
Megan A.Barnett
Dean for Academic Affairs
Toni Hahn Davis
Dean for Alumni and Public Affairs
and the Graduate Program
Mark LaFontaine
Dean for Development
Asha Rangappa
Dean of Admiions
Mark Templeton
Dean for Finance & Human Resources
Mike Thompson
Dean for Facilities
Jan Conroy
Director of Communications
Judith Calvert
Registrar
Pat Barnes
Director of Financial Aid Behind them stand many, many others whom I encourage you to meet personally.You will spend much of the days ahead learning from these new friends how the school really operates.They will tell each of you that you have the opportunity to craft an extraordinary law school experience, because you have joined a supportive community that will offer you the resources you need.Let me spend my time this morning discuing a somewhat different question: not how do I study law? But how do I think about studying law? That is what we like to call here: the meta question.As the late Profeor Leon Lipson once said, “At Yale, we believe that anything you can do, I can do meta.”
How exactly do you think about this brave new world that you are entering? This world of Law and Law Talk?
Well, first, the good news.As my predeceor, Dean Guido Calabresi, famously told the entering cla each year, “My friends, you are off the treadmill now.” After years of carefully triangulating your course to get to this place, you‟ve made it!You don‟t have to do anything here just to get ahead.Here at Yale Law School, we have no cla rank.All of you can succeed here.All of you should succeed here.But sadly, there are too many lawyers in this world who remember the day they started law school as the day they began the rat race.But in the words of Yale‟s chaplain, William Sloane Coffin: “Remember that even if you win the rat race, you are still a rat.”
I ask you to think about your law school career differently.I ask you to think about it, not as a competition, but as an adventure.Yale Law School is an adventure, which should have at least three elements:
First, trying new things.Second, combining theory with practice.Third, deciding what you stand for.Let me say a word about each.First, trying new things.Experimentation.Explore the rare intellectual freedom that this school offers.We have very few rules.We have minimal required curriculum.Make the most of that freedom.Don‟t spend your time repeating things you already know you can do.Instead, try things you‟ve never tried.So if you are a good writer, try public speaking.If you are an accomplished debater, join a law journal.If you are a poet, study law and economics.And if you are a mathematician or number cruncher by training, take law and literature.By entering law school, you are not ending your education in the liberal arts;you are extending it.The same goes for your summers.If you have lived your whole life in the States, work for a human rights group in Africa.If you always wanted to be a criminal defense lawyer, try working in a prosecutor‟s office.If you are convinced you want to be a corporate lawyer, spend a summer doing legal aid, and vice versa.Exercise all your intellectual muscles, not just one.At Yale, we intend our approach to legal education to be interdisciplinary, interprofeional, and international.What does that mean?
By an interdisciplinary approach, we mean to show you how the intellectual discipline of law connects with other academic disciplines, some of which you studied before you got here.Law is not the only discipline in this great university.We have a great law faculty, whose members hold advanced degrees in law, of course;but many also hold advanced degrees in philosophy, history, political science, sociology, economics, and medicine.Two of these profeors will deliver introductory lectures on their subjects of specialty.Tomorrow afternoon, Profeor Jules Coleman will give an introductory lecture on “law and philosophy for physicists.” On September 2, Profeor Carol Rose will give an introductory lecture on “law and economics for poets.”
They will ask you to start viewing the law through many lenses, not just one.That will begin this afternoon, when you hear the first two lectures in our Introductions series, from Profeor Bill Eskridge, who will give you a tour of the American legal system, and Profeor John Langbein who will introduce you to the history of legal education and the Yale Law School.Those will be followed later this week by lectures tomorrow on profeional responsibility by Profeor Jean Koh Peters;and on Friday, Sept.5, on public interest law by Profeor Brett Dignam.And in the weeks ahead, you will also hear from two accomplished graduates of our school who made their mark in different fields: one, Ben Heineman, who became corporate counsel of one of the largest economies in the world, the General Electric Co., speaking on values and vision in legal practice, and another, Margaret Marshall, who was born in South Africa, but after her JD here became Chief Justice of her home state of Maachusetts.Please attend these introductions.They are designed to cast new light on your coursework.You will find them fascinating and useful in seeing how law relates to other concepts in the world of ideas.In addition to being interdisciplinary, I mentioned that our approach is interprofeional.By interprofeional, we mean that we are not the only profeional school in this university.You should think hard about how the profeion of law relates to these other profeions, some of them profeions in which you have already engaged: law and busine, law and public health, law and media, and law and the environment.Law shapes these fields, and these fields generate new law.To lead these fields, we need lawyers who are genuinely bilingual, who are versatile enough to lead these coordinate fields, so in each of these areas, we are developing joint programs with the other profeional schools here at Yale.It is not an accident that in each of these other profeional fields, graduates of Yale Law School are leaders as well.That is because if there is one common feature of Yale Law graduates, it is their entrepreneurial spirit, their willingne to take chances.The Dean‟s Program on the Profeion is a speaker series that features Yale Law School graduates who have made a special mark within the law or who have moved outside the law to become leaders of the entertainment field, the health care industry, profeional sports, venture capital, you name it.What their careers tell you is that just because you are studying law, it does not mean that a lawyer is all you will ever be.To explore your full potential, they will tell you, you must take risks.And if you, the most privileged law students in the world, don‟t have the courage to take risks, who else will?
In entering law and its related fields, you will need to learn how to write again, and you will need to learn how to read again.The most important suggestion I can make is to read closely.Read more closely than you have read before.Read like your client‟s life depends on it, because believe me, it will.And as you read, think of the judges who wrote those opinions as real people, trying to make real decisions.Imagine how you would have made those decisions had they been yours to make.And at some point, I aure you, the magic moment will come, described this way by Hector in The History Boys:
The best moments in reading are when you come acro something—a thought, a feeling, a way of looking at things—which you had thought special and particular to you.Now here it is, set down by someone else, a person you have never met, someone even who is long dead.And it is as if a hand has come out and taken yours.1
But reading alone is not enough.Which leads me to my second suggestion, in all you do here: Combine Theory with Practice
When you come to my office, as all of you should, you will see on my wall, in Chinese characters, one of my favorite sayings: “Theory without practice is as lifele as practice without theory is thoughtle.” Alan Bennett, The History Boys 56.Yale Law School is and must always remain the world‟s premier center of legal theory.We believe that no single intellectual discipline has a monopoly on wisdom: that is what it means to be an interdisciplinary law school.How do we get nations to obey the law? The answer to that question lies not just in the law itself, but in such related disciplines as psychology, economics, philosophy, sociology, political science, anthropology.But if you want to understand the relationship between law and justice, you must look not just to the Uniform Commercial Code and the Federal Rules of Civil Procedure but to the humanities: great plays like Shakespeare‟s Henry V or The Merchant of Venice, novels like Melville‟s Billy Budd, or works of art like Picao‟s Guernica.If you don‟t know those disciplines, use your time here to introduce yourselves to them.Spend your time not just in our phenomenal Law Library, but at Yale Repertory Theater, the newly renovated Art Gallery, the Center for British Art, the Globalization Center, and the Macmillan Center for International and Area Studies.Most of all, the study of law is the search for ideas.A profeor of mine once said, “Ideas are not butterflies.They are butterfly nets.” Ideas help you to capture insights, organize experience, impose intellectual order on natural disorder.Which is why you chose to attend a great law school in a great university.Once you begin practicing law, you soon find yourself with precious little time to read, reflect, or get new ideas.Law firms have no English departments.Legal aid clinics don‟t teach you economics.If you want to understand more deeply what is right, not just what is right for your client, what is the truth, not just what argument works, you need to study ideas.You need to study theory.But for every yin there is a yang.Theory without practice is as lifele, as practice without theory is thoughtle.Theory alone cannot change the world;lawyers must actually be skilled in the practice of law to change the world.When the judge asks you why your client should win, your answer cannot be, “Because John Rawls said so.”
Great lawyers are made, not born.Which is why each and every one of you should take a course or more in our superb clinical program.Use internships, externships, and summer practice to understand better how you can use your legal skills to change the world.Which brings me to the subtle virtues of New Haven, your new home away from home.A poll in the Anchorage Daily Times reported that New Haven has two of the top ten pizza restaurants in America.It is the home of two Tony-award winning theaters.Some of the best music and the best arts and ideas festival in the country.And it has a remarkable legal history.But most relevant for our purposes, New Haven is a model laboratory for the practice of law.Over the years, Yale law students have helped to build day care centers for unwed mothers, to create nonprofit corporations to shelter the homele, to found a leading Charter School and community bank, to do the legal work for the Shaw‟s Grocery Store on Whalley Ave.Three decades ago, two contemporaries both worked in the clinical program here;each said it was the best experience they had at Yale Law School.Their names are Bill Clinton and Clarence Thomas.If each of them can do it, and get something out of it, then so can you.In our clinic, we think locally, but we act globally.We do not limit our clinical work to the confines of New Haven.Over the years, our human rights clinic has promoted human rights around the world.It has represented Haitian and Cuban refugees at the Supreme Court, exposed abuses in East Timor, sent students to Bosnia and Kosovo and Sierra Leone and Cambodia, supported international prosecutors in The Hague, and helped think about the structure of constitutional democracy in Iraq.Yale graduates, profeors and students in our 9/11 Clinic participated on all sides of Supreme Court‟s military commiions decision last year, and filed several of the briefs in Boumediene, the Guantanamo case that will be argued this fall.Our Supreme Court Clinic has several cases pending on the Supreme Court‟s September docket list.And when Homeland Security arrested two dozen workers this summer, first-year students dropped everything to represent each and every one of them at expedited bond hearings, and our Workers and Immigrants Rights Clinic continues that work today.That brings me, of course, to the iue of our day: globalization.As I said, your legal education should be not just interdisciplinary and interprofeional, but international.In the last four terms of the U.S.Supreme Court, no fewer than 25 cases involved globalization.On Friday morning, I will give you an introduction to transnational law that I hope will start you thinking about the relationship between law and globalization.And later this September, 20 of the world‟s leading constitutional court judges, including Justices Anthony Kennedy and Stephen Breyer of our Supreme Court, will come to this building to talk about how the world‟s leading courts now deal with such diverse, yet common, global iues as torture, reproductive rights, affirmative action, terrorism, and same-sex marriage.These iues occupy our headlines.And what presidential candidate recently wrote this? “We Americans recall the words of our founders in the declaration of
independence, that we must pay „decent respect to the opinions of
mankind.‟ Our great power does not mean we can do whatever we
want whenever we want, nor should we aume we have all the
wisdom and knowledge neceary to succeed…We all have to live up
to our own high standards of morality and international responsibility.We cannot torture or treat inhumanely the suspected terrorists that we
have captured.We will fight the terrorists and at the same time defend
the rights that are the foundations of our society.”2
The speaker, of course, was John McCain, speaking in Europe.And we hope you will all join together in helping us addre what is perhaps the greatest globalization challenge of our day: sustainability.As global citizens, one of the challenges that we all face As Tom Friedman of The New York Times recently noted, last year was by far the worst year for freedom in the world since the end of the Cold War.Almost four times as many states — 38 — declined in their freedom scores as improved.3 Strikingly, the least democratic countries in the world are those who derive most of their revenues from oil.So as the price of fuel rises, and with it the price of food and housing, every community must cut its reliance on foil fuels, not just to save money, not just to protect the environment from global warming, not just to promote our national security, but to promote the rule of law that is this law school‟s miion.Sustainability begins at home.So we will start that conversation with Profeor Dan Esty in his introductory lecture on environmental law on Sept.19.The Law School is joining with Yale University‟s sustainability efforts4 on a number of green initiatives designed to reduce the Law School‟s carbon footprint and help us work together as a community of faculty, staff, and students toward a more sustainable future for our campus.Some of these ideas are small changes we can make right away, like turning off lights and computer monitors, carpooling or usingpublic transportation, or using mugs and silverware instead of disposable items.In addition, the Law School‟s “Green Team,” headed by Aociate Director of Student Affairs Maura Sichol-Sprague(maura.sichol-sprague@yale.edu)and Director of Alumni Affairs Abby Roth(abigail.roth@yale.edu), is working on larger Law John McCain, Op-ed, Financial Times(March 18, 2008);
http://www.daodoc.com/blog/dutaofudan/index.aspx?blogid=401413
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