The Art of Manliness - July 31, 2025


#138: Reviving Practical Wisdom with Barry Schwartz


Episode Stats

Misogynist Sentences

4

Hate Speech Sentences

3


Summary

In this episode of the Art of Manliness podcast, we discuss why we need to go back to what aristotle championed as the way to make decisions in our lives: using what he called "phronesis" or roughly translated to practical wisdom.


Transcript

00:00:00.000 we're at mckay here and welcome to another edition of the art of manliness podcast we've
00:00:19.440 probably all seen instances on the news or even in our own lives where we've seen rules and
00:00:24.100 regulations enforced that just didn't make any sense for a particular situation what's funny and
00:00:30.860 tragic at the same time is the people enforcing these rules and regulations and particular
00:00:35.800 situations will tell themselves and even other people like this doesn't make any sense but i have
00:00:40.840 to do it because that's what the rules say my hands are tied and you probably see this in your own life
00:00:45.340 you see some bureaucracies school systems probably in large corporations you probably work at a job
00:00:51.640 where your company has just a weird rule that just doesn't make any sense but you have to abide
00:00:57.000 by it because uh that's what the rule is or you'll get fired it was my guest today on the podcast
00:01:02.380 co-authored a book where they make the case that we've let rules and regulations swallow our lives
00:01:08.620 and this has resulted in us losing the ability to use wisdom his name is barry schwartz he's the
00:01:15.660 co-author of the book practical wisdom the right way to do the right thing and he discusses what's
00:01:21.620 happened in the past i mean really this past 75 years where rules and regulations have enveloped
00:01:27.900 our lives the ill effects of that and then he makes the case that we need to go back to what
00:01:33.800 aristotle championed as as the way to make decisions in our in our life and that is using
00:01:40.040 what he called phronesis or roughly translated to practical wisdom so today on the podcast we're
00:01:47.400 going to discuss what practical wisdom is how we can nurture it in our own lives and the lives of
00:01:52.400 our children and why this would be beneficial to us personally and to us as a society as a whole
00:01:57.840 really fascinating discussion we get into some great psychology and philosophy so without further
00:02:02.320 ado barry schwartz practical wisdom barry schwartz welcome to the show thanks so your book you wrote
00:02:17.380 along with kennis sharp a few years ago is called practical wisdom and it's about how to confront
00:02:22.740 problems or how to solve problems or make decisions we'll get into exactly what practical wisdom is in a
00:02:28.180 bit but before we do that let's talk about how people societies uh particularly modern bureaucratic
00:02:35.260 societies how do we go about solving problems and making improvements and why how come sometimes
00:02:42.160 these tools that we use don't work well i think we have increasingly uh come to rely on a model
00:02:51.940 where decision making is basically done by rules experts of some kind self-appointed or otherwise come up
00:03:01.160 with a set of procedures a set of rules that everyone is supposed to follow to make decisions to make
00:03:06.580 judgments and then you basically bring people on and their task is to follow the rules uh this is a
00:03:14.280 reflection of a lack of confidence in the judgment of the people who who you're giving the rules to
00:03:20.580 so i'm an expert i make rules i hand them to you you don't need to be an expert you just follow the
00:03:25.640 i created and i think we've come to rely more and more more and more on that partly because if you let
00:03:34.000 people use their judgment and they have bad judgment they'll screw up partly i think to protect against
00:03:40.900 favoritism and bias if you treat every situation exactly the same way you can't be accused of being
00:03:48.180 biased so imagine a school teacher who has to follow a script in teaching her second grade class
00:03:55.040 uh the virtue of following a script is that she can't be accused by some parent of uh of liking
00:04:01.280 this student more than that student of giving this student extra attention compared to that student so
00:04:06.960 she retreats behind the fact that she follows exactly the same procedure with everyone so she can't
00:04:12.440 be accused of bias or favoritism so i think that's increasingly the way we do things uh and the
00:04:18.980 problem with it is that life is complicated especially life that involves interaction with
00:04:23.940 other human beings and there really is no one size fits all set of rules or procedures that works
00:04:32.500 so what happens when you follow rules is that you kind of get the mediocre solution to every problem
00:04:38.380 never the best solution it's an insurance policy against a disaster in case you use your judgment
00:04:44.760 and your judgment judgment is bad but it also pretty much guarantees that you'll never get it exactly
00:04:50.320 right uh and i think really think that that's uh that that's a pity um uh you we need to appreciate
00:04:57.680 that basically every situation is importantly different from the ones we've had experience with before
00:05:04.540 and we need to use our judgment to see whether to bend the rules how to bend the rules whether to
00:05:09.880 ignore the rules and stuff like that can you point to specific examples where uh perhaps administrative
00:05:15.720 rules or stringent laws uh have gotten in the way of actually created you know mediocre results
00:05:22.120 well i mean i think we're now seeing this played out a lot in the press the uh draconian policies we
00:05:29.400 have for incarcerating uh non-violent criminals typically drug for drug offenses um was a disaster
00:05:38.500 you know everybody uh you you you have a certain amount of weight and you have to go to jail for a
00:05:44.620 certain amount of time and if it's your third offense they basically lock you up and they throw away
00:05:48.460 the key uh sometimes this is an appropriate penalty sometimes it's ridiculous and uh and i think the
00:05:55.320 reason this was imposed is that there was a sense that judges were soft on criminals and they were
00:06:00.880 going to make it so that judges couldn't be soft on criminals because they had these guidelines that
00:06:05.820 they had to follow um the only reason we're starting now to abandon this is that we've you know like half
00:06:13.000 the citizens of the united states are in jail we've got we've got the worst prison population in the
00:06:19.400 entire world yeah and it's decimated the african-american community it's decimated the african-american
00:06:24.740 community it's decimated state budgets you know it costs three times as much to incarcerate somebody
00:06:30.080 as it does to educate somebody it's just it's just uh uh ridiculous so there are these cases uh examples
00:06:38.220 for we write about it in the book of drug courts where you come before a judge specifically with drug
00:06:45.160 offenses and the drug and the judge's set of possible um decisions have as much to do with
00:06:53.640 rehabilitation as with anything else do you have a job have you been seeing your counselor on a regular
00:06:59.060 basis and stuff like that so the rule book gets thrown away and the judges it's the judge can use
00:07:05.580 his discretion about just how hard to be uh with each uh perpetrator uh and they've had spectacular
00:07:15.020 success wherever where they've been tried it started in buffalo this guy just couldn't stand
00:07:21.080 especially there were so many veterans coming before him veterans who you know become psychological
00:07:27.780 casualties of of the war in iraq uh and he just couldn't bear locking them up so he decided we
00:07:35.660 got to do things differently and it transformed um the way in which these kinds of cases are handled
00:07:41.920 uh but you know this is the sort of thing it takes courage to introduce in your jurisdiction
00:07:47.600 um and and by the way if the judge didn't have good judgment this would not be a good program but he
00:07:54.740 does have good judgment yeah a lot of judges have complained that they have that these uh strict
00:07:59.820 rules are basically taking the judgment out of judging uh so that's one example yeah and i think
00:08:06.400 another example would be uh people often complain about like zero zero tolerance policy it's at schools
00:08:12.360 um i guess they've been shown like if a kid draws a gruesome war picture um sometimes get suspended
00:08:19.860 yeah yeah and the one you know but here's the thing you know what some of these kids a small number of
00:08:28.120 them when they do something like this it's kind of maybe it's a sign that there is some serious
00:08:35.720 aggression lurking within them so you need you really need to clamp it down so if you decide to use your
00:08:41.900 judgment and you missed some kid and the next thing you know he's pulling out an automatic weapon and
00:08:46.840 mowing people down you know that's a catastrophe so what do you decide to do we're never going to let
00:08:52.500 that happen again and you impose more rules to make sure you catch every potential um uh you know serial
00:09:00.480 killer um and you may catch every potential serial killer but not but 999 out of a thousand
00:09:06.980 kids who are doing these horrific drawings are never going to be serial killers yeah and i think
00:09:13.680 there's one case that you brought up i thought was sort of funny but also really sad is about the
00:09:18.180 dad who gave his kid uh mike's hard lemonade yeah at a ballpark uh do you tell that story well yeah i mean
00:09:27.720 i read this in uh actually in the in the new york times um this guy was a professor at the university
00:09:33.740 of michigan and he took his i think seven or eight year old boy to a detroit tiger baseball game and
00:09:38.640 the kid wanted lemonade so dad went up and got it and the only lemonade they had was mike's hard
00:09:43.720 lemonade and his father had no idea that what hard lemonade was so the kid is drinking it out of the
00:09:50.500 container and a security guard sees it and immediately calls the police and an ambulance they rush the kid
00:09:57.860 to the hospital he's fine uh they're all set to release the kid and to his dad and the police won't
00:10:05.680 let them and they put the kid in a foster home and they made the dad come before a magistrate because
00:10:12.620 this was an example of child abuse now or child neglect uh the judge when he made this decision said
00:10:19.740 i hate to do it but we have to follow procedure the cops when they brought him to the judge said we hate
00:10:25.280 to do it but we have to follow procedure finally they let the kid go home but only if the dad leaves
00:10:31.340 the house and checks into a hotel for two weeks you know protecting the child from his father we hate to
00:10:37.240 do it but we have to follow procedure it was ludicrous uh and everyone knew it was ludicrous even as they
00:10:43.540 were doing it i mean eventually you know two weeks of disruption of a family and everything ended up
00:10:49.440 okay but the process that got you there was just um was was a preposterous example of the over
00:10:57.580 application of rules yeah i mean it sounded like something from like a camu novel i mean it was
00:11:02.500 just like just bizarre everyone knew it was bizarre and the weird thing about it is that everyone
00:11:08.520 involved knew it was bizarre even as they kept on doing it wow okay they all knew that the rules did
00:11:15.580 not apply we're not meant to apply to a case like this but they they followed the rules they had
00:11:21.760 to do it you know when i talk about this um when i give talks about this topic i point out to people
00:11:27.220 it's easy to snicker but you know in philadelphia where i live once uh every couple of years there's
00:11:33.660 a story that appears in the newspaper about this kid who has been unbelievably neglected you know 14 years
00:11:39.900 old weighs 75 pounds and somehow the family was was on the radar of the social welfare uh organizations
00:11:49.100 and nonetheless these case officers had allowed this abuse to persist and you know so there's a lot of
00:11:57.180 hand-wringing and and uh commitment that we can never let this happen again so there are cases where
00:12:04.720 people in positions of authority have extremely bad judgment or indifference and because there
00:12:12.200 aren't strict rules for them to follow they don't do their jobs and bad things happen but the solution
00:12:17.460 to that is not more rules the solution to that is better people as case officers okay so the solution
00:12:24.700 to that yeah is developing uh what aristotle called phronesis right but it's translated as practical
00:12:31.420 wisdom right in a nutshell what is phronesis or practical wisdom well it's not so easy to say
00:12:37.280 what it is in a nutshell what he thought it was is the ability to do the right thing in the right way
00:12:42.980 at the right time for the right reason and the important point is that he was contrasting his
00:12:51.040 understanding of wisdom with his teacher plato's plato was interested in wisdom also but for plato it was
00:12:59.540 abstract so you know wise people had these great thoughts about um uh universal general generalities
00:13:08.620 of of the world and human beings and aristotle was much less interested in that than he was
00:13:15.200 in how we go about making our practical day-to-day decisions um and whereas plato was looking for
00:13:22.180 abstract universals aristotle was interested in the particularities so what some people say is uh he thought
00:13:28.780 there was priority to the particular every situation is different every person is different
00:13:34.940 people who have had experience dealing with certain kinds of situations learn how to read the situation
00:13:41.280 they're perceptive they can empathize with the people they're dealing with and they find the right
00:13:47.020 uh step to take the right solution to this particular problem without regard to what the universal
00:13:53.860 universal generalization is of which this is an instance so it was really rooted in the practical
00:14:00.280 aristotle was a careful observer of the trades people in ancient greece and marveled at their ability to find
00:14:08.400 practical solutions to particular problems uh and he thought the same sort of thing you know was needed
00:14:16.080 when you when the problems you faced involved human beings rather than um building materials say
00:14:22.680 so yeah i love that analogy that aristotle make that uh becoming a good person living a flourishing
00:14:28.280 life is you sort of have to become craftsman in a lot of ways but how does uh phronesis tie in with
00:14:34.380 his virtue ethics like how does aristotle's conception of ethics or virtue guide how you use practical
00:14:42.460 wisdom as a tool well that's a great question and uh ken sharp and i make make a point of suggesting
00:14:50.020 that he thought that that practical wisdom was in some ways the master virtue you're right
00:14:55.860 aristotle was a virtue theorist which meant that moral people are not people who follow moral rules
00:15:02.560 there are people who have virtues courage humility honesty and stuff like that and to be a virtuous
00:15:09.960 person is to have to be a moral person is to have these virtues but also famously aristotle thought
00:15:16.680 that courage is a virtue but you can have too much courage honesty is a virtue but you can have too
00:15:22.820 much honesty so the trick is to have the right amount of courage when somebody have has too much
00:15:29.020 courage we call it recklessness when somebody has too little courage we call it cowardice so you need
00:15:36.040 to find what aristotle called the mean which is just the right amount of courage what helps you do that
00:15:41.800 wisdom is what helps you find the mean in addition sometimes virtues conflict
00:15:47.720 um you know kindness is a virtue honesty is a virtue so what do you do when your friend um we actually
00:15:57.080 use this this particular example in a class that we teach your friend calls you to come over and and
00:16:02.580 take a look at her before she goes to this fancy wedding she's all dressed up and you go and she opens
00:16:08.360 the door and she does a little pirouette and says how do i look and you think not so good
00:16:13.900 and the question is what do you tell her and when we give this example to students their immediate
00:16:20.460 reaction is tell the truth friendship is based on honesty if you can't count on your friends to be
00:16:26.060 honest they're not your friends but the more we unpack it the more they come to see that maybe that's not
00:16:32.100 the right thing to do that telling the truth is right if you think your friend has a reasonable
00:16:36.820 alternative if you think your friend won't be shattered to discover that even though she thinks
00:16:42.660 she looks great other people don't she knows she'll never trust her own judgment again so sometimes
00:16:48.420 what you need to do is tell the noble lie and knowing when to tell the truth and when to tell a lie
00:16:55.200 requires that you know your friend and know your friend extremely well so so so wisdom is what
00:17:02.020 enables us to resolve conflicts between virtues uh and find the mean amount of any particular virtue so
00:17:10.600 we regard it as the as the master virtue so how do you go about uh developing that wisdom because
00:17:17.560 there's a lot going on yep when you're making that decision so you were calculating how your how your
00:17:23.180 friend would respond uh you know what is in this situation like how do you figure out or develop that
00:17:28.060 ability to know what the right thing to do is the right time for the right reason the right place
00:17:34.440 well that's another great question and and you know there's a sense in which this case could take you a day
00:17:42.560 to figure out what how to answer your friend you sit down you create a spreadsheet with all the factors
00:17:50.520 how much confidence does she have what's her wardrobe look like blah blah blah and she says how do i look
00:17:55.880 and you say well give me a day and i'll let you know obviously that that's not going to fly so you're
00:18:01.920 going to have to come up with an answer and you're going to have to come up with an answer quickly
00:18:05.380 and one of the one of the interesting developments in modern cognitive psychology
00:18:10.280 is the sort of model kind of computational models of mind where we build up with experience these networks
00:18:19.380 of associations that enable us to come to conclusions extremely quickly and intuitively although we don't
00:18:28.480 necessarily know how we reach them so what we suggest in the book is that the way you get to make these
00:18:35.700 judgments right is by having is by practice you're crappy at it at the beginning and you keep on having
00:18:43.080 these experiences you make a try you get it wrong you learn from your mistake your your um cognitive
00:18:50.000 machinery gets smarter and smarter and eventually you're making these rapid decisions that are most
00:18:56.340 of the time the right decision there's no substitute we think for experience um you can't you can't give a
00:19:04.240 course on how to be wise and expect that at the end of the course people will be wise you learn it by
00:19:10.000 doing it often you learn it by watching other experienced people do it and learning from them
00:19:16.120 uh but there's no substitute for actually making the decisions getting feedback and refining your
00:19:23.580 ability to read situations so i mean are there some big picture cognitive or emotional skills that
00:19:29.080 are involved in wisdom like being comfortable with ambiguity or nuance or i mean it's something you can
00:19:36.220 something you can do to put yourself in a position where you can develop that ability to
00:19:39.980 judge shades of gray it certainly helps to be uh tolerant of ambiguity if not comfortable
00:19:46.880 because if you're not tolerant of ambiguity you will think that either you'll either think there's
00:19:53.600 a rule for every situation or you'll think i need a rule for every situation because i can't bear the
00:20:00.320 uncertainty i you know i don't mind being wrong as long as i'm wrong because i follow the rule that
00:20:05.600 somebody else articulated then if i'm wrong it's his fault it's not my fault so there are people who
00:20:10.900 can't tolerate ambiguity they want there to be a right answer they want it to be clear and unambiguous
00:20:16.640 um and you know for all i can say for those people is kind of get a life that's not the way the world is
00:20:23.560 and i think people know this in their everyday interactions i don't i think there are very few
00:20:28.460 parents for example who think that the right way to raise their kids is by following a set of rules
00:20:34.560 they may start out thinking that you know they read all these books that tell them how to be a good
00:20:40.640 parent and they say well we're just going to let our kid cry herself to sleep at night because that's
00:20:45.380 what you're supposed to do and so on and so on and so on all these rules and their kids teach them
00:20:50.140 basically that rules won't do the job their kids teach them because they apply the rules and the rules
00:20:55.420 don't work uh and having figured out how to raise the first kid along comes the second and all of a
00:21:01.500 sudden a completely different person so all the things that work with the first kid don't work
00:21:05.520 with the second kid so you your kids force you to appreciate that the way you manage child rearing
00:21:11.940 is by really knowing your child appreciating that that person's individuality and crafting solutions
00:21:19.840 to problems that are appropriate to the situation and to the to the person and i think good teachers
00:21:25.500 know this about the kids in their classrooms you treat every kid the same you're going to be a terrible
00:21:30.180 teacher kids need different things and your job is to figure out what each kid needs and then find a way
00:21:36.280 to provide it insofar as that's possible um so i think experience teaches us the limits of rules
00:21:42.980 but at the same time when we're in sort of official situations we want to be able to fall back on rules
00:21:51.440 because it takes the pressure off us yeah that the comment about how every kid is different and good
00:21:56.540 teachers know this there's been a lot of uh commentary and comments from teachers lately about some of the
00:22:02.760 top-down standards that states are putting on teachers and it's sort of hamstringing teachers like they
00:22:09.580 want to be a good teacher but they can't because they get ready get their students ready for this test
00:22:14.380 no no it's exactly now there are two things going on there one of them is this focus on the test as the
00:22:19.940 measure of all things uh and you know there's enough there's been enough inks built on that i don't need
00:22:26.020 to belabor the point um but even aside from that um by giving teacher scripts to follow they are de-skilling
00:22:36.120 teaching and that's going to have two effects it's i it's going to prevent teachers from developing
00:22:42.940 wisdom because the way you get wisdom is by do varying what you do and learning from your mistakes
00:22:49.580 if all you're doing is following a script you're not going to be any better teacher after 30 years
00:22:54.700 as you were the day you started uh or it's going to drive wise teachers out of teaching
00:22:59.720 you know i came into teaching a full of ambition to stimulate and excite young minds and find a way
00:23:09.040 into the heart and mind of every single second grader they won't let me do that the hell i'll
00:23:15.180 find another occupation so and i think that's what school systems are doing they're driving
00:23:20.440 the best teachers out of teaching because the things that attracted them to teaching aren't available
00:23:26.220 speaking of children are there things i know a lot of our listeners are parents they're dads
00:23:31.500 um are there things that we can do to help our children develop phronesis well the main thing i
00:23:39.340 think is to let them there's a there's a wonderful book written by a psychologist named wendy mogul
00:23:47.120 called the blessings of a skinned knee and her point and this book was written 15 years ago even before
00:23:54.140 the word helicopter parent had come into existence uh her point was that parents are too preoccupied
00:24:01.620 with protecting their kids from every little mishap every skinned knee it could be psychological
00:24:10.060 skinned knee they don't want their kids to ever be disappointed to ever be unhappy to ever
00:24:13.940 hurt themselves so they hover and make sure that mistakes never happen and i think that you know that
00:24:22.220 the kids will be um will have fewer moments of unhappiness but they will be completely unprepared
00:24:28.420 for living in the world as independent adults and they'll never have the opportunity to develop
00:24:35.700 wisdom because they never get to try things and discover that some things don't work so you have
00:24:42.200 to be willing to let your kid fail um you know when you're training a medical resident you have to be
00:24:47.860 willing to let the resident make decisions and sometimes have those decisions be wrong it's just
00:24:53.760 that you know in life and death situations the doctor is hovering so that after the resident has
00:24:58.720 made the mistake the doctor corrects it before we have a dead patient so you know skin knees are a
00:25:04.720 blessing drowned drowned kids are not a blessing so you want parents to be around to make sure that
00:25:10.640 nothing terrible happens but not so around so that he so that nothing even mildly bad happens it's very
00:25:18.000 hard to convince parents that it's okay for the kids to experience a little bit of failure and
00:25:23.640 unhappiness um it also builds resilience in kids you know failure is inevitable and if you have no
00:25:31.860 experience failing at things being disappointed and then picking yourself up and trying again when it
00:25:38.020 finally comes say in college you just you just disintegrate and and we see that i think more and
00:25:44.900 more in our college population college students are much more fragile nowadays than they were when i
00:25:51.600 started teaching and i think part of the reason why is they've been so well protected before they get
00:25:58.920 to college that they don't know what it's like to fail all right so let your kids experience failure
00:26:03.920 because experience is the the master teacher experiences the master but you know experience
00:26:08.960 with control sure you you want the failures to be manageable failures not catastrophic the other
00:26:14.900 thing is is by modeling we learn a lot by watching other people so you know if you're a wise person or a wise
00:26:23.020 parent that helps you to cultivate a wise child let your kids in on the process let them see you don't do
00:26:31.020 it behind a screen don't do your decision making behind the screen um talk to them about the
00:26:38.240 process you went through and deciding how to handle the situation and that may help also but it's a bump
00:26:45.280 it's a it's a long bumpy road um and uh you just have to be willing to occasionally experience failure
00:26:51.320 yourself as a parent i would say yeah for sure don't beat yourself up um are there any i mean you mentioned
00:26:58.620 the uh sort of the we're giving judges more discretion now with the drug cases are there any other
00:27:05.920 examples where you're seeing practical wisdom making a comeback into institutions we saw examples that
00:27:16.240 were kind of outlier examples there's a program for training medical students that's affiliated with
00:27:22.120 harvard where instead of doing the usual third and fourth year rotations from one specialty to another
00:27:27.960 the third year the third year med students get a panel of patients and they see those patients all
00:27:33.440 year whatever the patient whatever problem the patients have they come in and students deal with
00:27:39.700 them with experienced physicians looking over their shoulders and so what that does is it it encourages
00:27:46.920 doctors in training to appreciate that they're not treating organ systems they're treating people
00:27:53.640 because they've seen this person again and again and they know this person doesn't have just the
00:27:59.400 problem that they're bringing in today but the problems that they brought in a week or a month ago and they know
00:28:04.880 something about the person's family situation and what kind of a recommendation is a feasible
00:28:09.560 recommendation for this patient to be able to follow uh the students love it they uh turn out turn into
00:28:17.300 spectacular doctors but this has not spread you know this is a this is a wonderful little anomaly
00:28:24.640 and it may be that it doesn't spread because it's too expensive or it's more expensive to do the educating
00:28:32.080 this way there are there are in law schools the part of law school that most law students like the best is
00:28:38.820 something called the legal clinic which is where you actually you know people from the community come in
00:28:45.400 with their problems problems with a landlord with an employer mundane problems or not so mundane
00:28:51.380 problems and you get training in the law by helping real people solve real problems students love it
00:28:58.880 faculty are sort of contemptuous of it it's not academic enough so the legal clinic is usually taught by
00:29:06.400 somebody who's not a regular member of the law school faculty you know some practicing lawyer who once a week
00:29:12.120 comes in and runs the clinic but what the students learn i think is that legal issues always have
00:29:19.560 context attached and that you can't be a good lawyer just by knowing the law you need to know the context
00:29:26.080 you need to know the principles and the way you do that is by dealing with real cases and not with
00:29:31.740 textbook cases so those are examples uh you know if the legal clinic became a central part of law school
00:29:38.380 instead of a peripheral one that would uh almost certainly create wiser lawyers interesting yeah i
00:29:45.480 went to law school and uh yeah we had a legal clinic and you're right it wasn't taught by a regular
00:29:50.420 faculty member it was just a person who came in once or twice it almost never is and the more prestigious
00:29:55.460 the law school the more likely it is that the legal clinic if they have it at all will be taught by an
00:30:01.020 outsider and there there is sort of a movement in law school and i don't know if it's going to take uh
00:30:06.100 it has any legs but basically your first year of law school you first two years maybe you learn
00:30:11.960 all the basics like torch law contracts all the basics and then after that you sort of take these
00:30:16.780 semester-long classes that are more like seminars yeah um there's a movement saying that okay instead
00:30:22.680 of spending those two years doing these seminar classes just get the kids out there the students
00:30:26.720 out there actually practicing law under the guidance of a teacher but i don't know if it's going to go
00:30:33.000 anywhere well it's interesting because you know the law legal education is really on in crisis right
00:30:38.300 now because their job opportunities for lawyers are so bad and you have all these people getting
00:30:43.720 out of law school with massive debt so there's talk about can we do it in two years rather than three
00:30:48.900 uh so so students are not in as big a hole when they finish and stuff like that and there are many
00:30:55.460 fewer applicants so there are you know second tier law schools are not always able to fill up their
00:31:00.860 classes it's a major problem and one possible approach so this may be an opportunity it may be
00:31:07.300 an opportunity and uh you know produced by economic exigencies to get law schools to rethink how they do
00:31:16.480 their educating and it may turn out as you say that what ends up happening is one grueling year in the
00:31:24.440 classroom and then the next couple of years are basically spent as an intern at the feet of a
00:31:30.660 an experienced practitioner be less expensive to do and more satisfying to the students and my guess is
00:31:38.480 it'll produce much better lawyers well that's funny that's how they used to do legal education
00:31:43.300 like in the 19th century like you read the law like abraham lincoln did and then you wouldn't you
00:31:49.000 found an attorney to be your mentor yeah i think there's a few states like vermont still has that
00:31:55.000 program so you don't actually have to go to law school in vermont uh you can intern at a law firm
00:32:00.280 for three or four years and uh you have a law degree you take the bar exam yeah yeah i think this
00:32:05.920 i don't know this for a fact but it wouldn't surprise me if the for increasing formalization of legal
00:32:12.520 education is uh an attempt to attain higher status you know you go to medical school for four years
00:32:20.300 the idea is you can become a lawyer after one year what does that say about the relative status of
00:32:25.900 training in law versus training in medicine so you beef it up to make it feel like there's this magic
00:32:31.780 secret stuff that people learn when they go to law school and it takes them three grueling years to
00:32:37.640 learn it um most of the law people i know who've gone to law school basically say they the only year
00:32:44.440 that's really essential for their training is the first and after that they just take classes they're
00:32:49.900 interested in and it's fine you know they're happy they enjoy it and blah blah blah but you know
00:32:55.380 after the first year all of it's gravy yeah that was my experience too well uh barry schwartz this
00:33:02.240 has been a fascinating discussion uh thank you so much for your time it's been a pleasure
00:33:06.360 thank you so much you asked wonderful questions for us thank you bye-bye bye-bye our guest today
00:33:12.520 was barry shorts he's the author of the book practical wisdom and you can find that on amazon.com
00:33:17.080 well that wraps up another edition of the art of manliness podcast for more manly tips and advice
00:33:24.700 make sure to check out the art of manliness website at artofmanliness.com and if you enjoy
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00:33:35.580 really appreciate it and until next time this is brett mckay telling you to stay manly
00:33:41.740 you