Educating towards ethical lawyers: a progress report

In 2010 in a conference paper on legal education and ethics, we addressed the proposition that exempting degrees offer a unique opportunity to inculcate students with the importance of ethical considerations throughout their legal education, incorporating such considerations in an integrated academic and vocational context. The paper included a detailed analysis of the practicalities of incorporating professional legal ethics into the undergraduate exempting law degree at Northumbria University. Since 2010, there has been relatively little written from a UK perspective on incorporating teaching of legal ethics at the undergraduate stage. Here we review our progress made towards achieving that goal. The article reveals that the results have been limited; we explore the reasons for this, and consider what alternative course(s) might have been followed. As such, our experiences may offer guidance for those intending to engage with the Legal Education and Training Review (LETR) recommendations to incorporate some consideration of ethics into legal education.     

法学专业教学质量评估的制度构想

随着高等教育的逐步发展与成熟 ,对教育质量的监控与评估成为一个非常引人关注的问题。法学专业由于自身的特色 ,所以其质量的保证具有鲜明的时代意义。在以往院校评估的制度与经验的基础之上 ,对于法学专业评估制度进行建构是当务之急。专业评估应当分层次、注重针对性、达到科学化。专业评估的依据是国家有关立法和法学教育的内在要求 ;专业评估的目的是以评促建、以评促改 ;专业评估应注重体现法学教育质量的基本方面 ,如专业教师师资、图书资料、教学方案、学生表现等。     

Professionalism in higher education: important not only for lawyers

This article considers how, in light of the changing legal profession and higher education, academia could address professionalism training. The authors put forward an argument that, if professionalism is to be understood as a set of skills, values and attitudes required for any lawyer, it is now a good time to consider how these could be taught and assessed in law and non-law degrees. The formation of professional values and attitudes is a long process that continues throughout a person’s life. The earlier students are exposed to professional values, attitudes and skills, the better the quality of service these future lawyers will provide to the public. Taking into account the Legal Education and Training Review (LETR) recommendations, the article suggests some practical ways as to how professionalism could be developed in higher education.     

Values ethics and legal ethics: the QLD and LETR Recommendations 6, 7, 10, and 11

The Legal Education and Training Review (LETR) Report recommended increased attention to ethics and values and to critical thinking. These aims could be achieved jointly through teaching ethical thinking: not as theory but as part of developing the capacity for ethical conduct. Such a pedagogy has the potential to become a qualifying law degree (QLD) signature pedagogy supporting “life-narratives” of students. The LETR Report recommends a review of the QLD emphasising legal values and ethics. Concern with values and ethics is linked to concern with professional conduct. Maintaining the law degree as a general or liberal qualification is also strongly desired. These potentially conflicting drivers generate ambivalence towards legal ethics as a subject for study, especially if legal ethics are perceived as teaching the professional codes.

Resolution of this tension is achievable through recognising the potential role of ethical teaching as part of an identity apprenticeship. Developing ethical character is as much a liberal as a professional aim. Ethics teaching can play an integrative role in the QLD. Formation of student identity is a central part of higher education taking colouration from being situated in legal education. In this context teaching legal ethics becomes the use of a salient example for carrying out the broader project of developing ethical capacity.     

英国法律职业人才培养模式对我国的启示

英国法律职业人才培养模式分为理论、职业、实习和继续职业教育四个阶段,其特点是虽无统一的法律教育体制和司法考试制度,各地区和各法律院校在法律人才培养过程中具有较大的自主性,但同时有相应的机制保证法律职业人才的同质性;法学教育注重法律的实践性和应用技能的培养,法学教育机构和法律职业管理机构在人才培养过程中相互协作,共同发挥作用。英国的法律职业人才培养模式有可供我们学习借鉴的优点和经验。     

从美国的法律教育谈“判例教学法”

美国的法律教育以培养职业律师为目的,教学中普遍采用的“判例教学法”,重视实践,强调法律职业能力的训练,充分反映了美国的法律特点。     

Experiential training for real-life professional impact: the formation of professional identity in trainee solicitors through a discrete intervention course on ethics and lawyering skills

The apprenticeship model of solicitor training in Ireland is split between time spent in the law firm and time spent in professional education at the Law Society of Ireland. Learning in law is a process of shaping identity and becoming part of a community, and professional socialisation is a key aspect of this professional development. However, many trainees arrive at the vocational training stage with little or no understanding of how their personal morals and ethics will impact on their future roles as lawyers. This article relates to an intervention study in the Law Society of Ireland with trainee solicitors at professional legal education level in the form of a two-month course entitled “Certificate in Legal Ethics and Lawyering Skills”. This intervention embraces an experiential learning approach and a wide view of ethics that moves beyond a defensive rule-based approach and supports trainees in grappling with ethics and negotiating within the more rigid and collectively based moral discourses which are a necessary part of constructing professional identity. The course framework embraced a variety of pedagogic approaches for effective teaching and fostering ethical professional identity such as role-play, small group discussion, video and online discussion forums and mixed method assessment.     

Open and distance learning in a New Europe*

Legal education is gradually moving away from the teaching of national law towards a more European, transnational, or even “global” way of teaching. This paper seeks to explain why an international legal education is to be preferred to a national curriculum and what this means for how law is taught and how law schools are ideally organised. The arguments for an international legal education lie in the increasing plurality of legal sources, the desire to attract students from a larger pool, and the need not only to give students a specialised professional training but also to prepare them for global citizenship. It is claimed students should be exposed to alternative ways of achieving justice, thus creating a dialogue with otherness. This can be done by a focus on the arguments behind the choices made by the relevant authorities and not on the doctrinal intricacies of national legal systems. This type of international curriculum, in which competing conceptions of justice are at the centre of attention, requires a specific teaching method. Two methods seem best suited to allow students to construct their own understanding of legal problems: problem-based learning (PBL) and the Socratic method. In addition, teaching law in an international setting forces us to think through the sequence in which the various jurisdictions come to the fore, the assessment of students and the use of teaching materials and language of instruction. Also discussed are the challenges for the law school as a whole, such as the relationship between teaching and research, the recruitment of faculty and the decreasing relevance of the traditional departmental structure.     

Legal education in Nigeria: an evaluation of the recruitment practice for the teaching of law as a career

This article makes a critical assessment of legal education in Nigeria, focusing on the standard of hiring for the teaching of law as a career in the country. Legal academics are hired based upon an accreditation standard that requires a vocational qualification determined through a call to the Nigerian Bar. The article argues that making a vocational qualification a criterion for academic appointment – apart from other achievements demonstrated through higher law degrees – inhibits innovation in teaching and learning and needs to change. This change is premised on three reasons: the growth of interdisciplinary legal scholarship; the trend in the legal marketplace; and the correlation between a law faculty and a department of religion. And it concludes with some proposals to think about for a more scholarly approach towards the teaching of law within Nigerian academia. The aim of this article is to inform the essential dichotomy between legal scholarship and practice, and the transnational aspirations of legal academics, for those involved in the development of law teaching and study, as well as those concerned with educational policy and administration around the world.     

Online collaboration as a pedagogical approach to learning and teaching undergraduate legal education

Legal education is in a period of rapid development driven by changing industry demands and developing technologies. This paper will describe an innovative pilot study which utilises new technologies to provide an alternative mode of teaching and learning to meet growing industry demands for graduates who are technologically savvy and have strong communication and collaboration skills. The pilot study redesigns a law unit combining a more traditional approach with an approach in which online collaboration is critical to student learning as a teaching and assessment tool. After completing an online collaborative activity as part of their assessment for the unit, students completed an online survey to identify their perspectives of the online collaborative experience. The online survey data was analysed to identify common themes and the experiences of students are shared in this paper. The paper provides an example of how instructors might take advantage of a learning design process, online tools and infrastructure to develop educational experiences which promote communication and collaboration within the law discipline. It will also include five recommendations to consider when including online collaboration in unit design for law students.     

反思与改革：法学本科实践教学创新模式研究——以法律职业教育为视角的一种思考

法学教育的定位应当是通识教育与职业教育的“合成体”,其教育模式与内容应着眼于培育“法律人”群体职业素养。我国法学本科教育更为注重传授通识教育和法律基本知识,职业教育内容缺失。在缺少独立的法律职业教育环节的背景下,我国法科院校的本科实践教学“职业化”改革就显得尤为重要,其内容不仅是注重培养法律实务操作能力,更重要的是形成法律思维、职业道德和社会责任感。     

“同源分流”与“殊途同归”——英美法律教育发展路向之比较

英国和美国都具有学徒制法律职业教育的传统,但是在本国法律文化和社会实际的影响下,英国和美国的法律教育后来又采取了不同的具体模式。虽然具体形式不同,但英美法律教育都最终走上了学术性与实践性相结合的道路。但是,单就法学院本身而言,英国和美国的法学院法律教育还存在性质、地位和教学等方面的巨大差异。     

Rethinking Property Law modules: putting theory into practice

Property Law modules have a number of deficiencies at present. This article outlines the problems associated with Property Law modules, including the perception that Property Law is a difficult and boring module to study; overemphasis on the historical background of real property; lack of contextualisation; fragmentation of interests in real property; difficulties due to crossovers with other subjects; problems with resources; and issues concerning assessment. These problems should be remedied so that students can enjoy their study of Property Law and gain valuable skills that will enhance their employability. Moreover, given the recommendations contained in the LETR Final Report and recent proposals for changes to legal education from the SRA, this article provides a timely review of one of the Foundations of Legal Knowledge subjects. Accordingly, this article will make several recommendations in order to address the problems identified with Property Law.     

法律方法论课程设置及教学方法刍议

法律方法论作为方法性知识、经验性知识和技术性知识,是有效促进法律技能形成和提高的直接知识来源,法律方法论课程的设置有利于职业型和精英型法律人才的培养。法律方法论课程应单独开设并与法理学及部门法学课程的关系进行协调。根据我国当下法律方法论研究的进展和成果,可选取学界基本已达成共识的法律方法类型和体系作为法律方法论课程的教学内容。理论讲授法是法律方法论课程的基础教学方法,案例分析法是法律方法论课程的主导教学方法,实践体验法是法律方法论课程的补充教学方法。     

法科教育中法律仪式教育的意义及其实现

法律仪式作为仪式的一种特殊形式体现在法律运行的整个过程之中。法律仪式有规则化的（制度化的）与未被规则化的之分。规则化了的法律仪式零散存在于我国法律法规之中,呈碎片化特征。法律仪式教育在我国法科教育中散见于部门法学的教学中,内容多为规则化了的法律仪式。法学教课书中并没有法律仪式这一概念,未被规则化的法律仪式在法科教育中是不存在的。法律仪式教育对法科学生的技能与职业道德的培养有着积极意义。     

A qualitative study of the impact of law clinics on students’ perceptions of emotional labour expectations

The benefits to students of being given some form of clinical legal education are well documented. Research has been conducted in the area of legal education and emotion, emotional intelligence and clinical legal education. There have also been studies which explore emotional labour in the legal profession. However, there is currently no research into the role of clinical legal education in advancing law students’ understanding of emotional labour expectations in the legal profession. This Legal Education Research Network (LERN) funded project aims to fill that gap by examining the contribution law clinics make to the development of law students’ emotion management skills in preparation for entry into the legal profession. The project seeks to achieve this by considering the changes to law students’ perceptions of emotional labour expectations as a result of undertaking this type of clinical legal education. The paper offers insights into the types of emotional labour as well as the perceived drivers of emotional labour, which are regarded as necessary to fulfil the role of the solicitor. The paper will also analyse the potential consequences of performing emotional labour identified by participants.     

法治思维视阈下科技伦理教育观完善探析——基于当下科技发展中学术道德失范行为现象的思考

学术瑕疵类、学术垄断类失范行为之所以普遍存在,与科技伦理教育观密切相关。当前,我国的科技伦理教育主要存在法治意识淡薄,忽视培养具有法治思维的科技伦理专业人才,以及缺乏法治化制度保障等问题。然而,法治思维作为社会治理的核心思维,具有将其引入科技伦理教育的必要性和可行性。为实现规制学术道德失范行为以净化科技伦理生态的道德理想,需要在科技伦理教育的过程中中融入法治思维并凸显法治作用,从而构筑起坚不可摧的法治屏障。所以,法治思维视域下科技伦理教育观的完善应从德法并重,严重的学术道德失范行为应以法律规制为主,且科技伦理教育中亟待重视法治思维的培育等方面着力;法治思维视域下,高等院校与科研机构对于科研人员科技伦理教育观的培育应从增设科技法和知识产权法课程,强化警示教育,且在对于学术道德失范行为的学术研究和立法规制等方面努力。     

The importance of ethics in the law curriculum: essential or incidental?

Recently, the debate as to whether ethics should be a compulsory requirement of a law degree was refuelled when the English and Welsh Legal Education Training Review (LETR) recommended that professional ethics should be primarily addressed in vocational Legal Services and Education Training programmes and that learning outcomes in the academic curriculum should include reference to morality and the law, the values supporting the legal system and their connection to the role of lawyers. This debate is also occurring in other jurisdictions. In Australia the debate is focused on the proposal that ethics be removed as a compulsory subject in the law degree. This proposal has raised a concern that law students will be denied the opportunity to develop as ethically competent lawyers. This paper argues for the continuation of ethics as a core component of a law degree and evidences the model used for the teaching of ethics in the law degree at the University of Technology Sydney in support of our argument. The background to the model is examined to highlight the significance of student feedback and ongoing curriculum review, including the alignment of parallel pedagogical factors. This model serves as an example of not only why ethics should be core to a law degree but, in order to provide graduates who are ethical and reflective practitioners, why ethics should be pervasively taught throughout the degree and supported by an introductory and capstone presence.     

论国家统一司法考试对法学本科教育的影响

司法考试是律师、法官和检察官的资格考试,是职业教育的一个组成部分。在我国法学院校,司法考试已经成为影响本科教学的一个十分重要的因素。本科阶段的法学教育有"应试教育"的趋势,课堂教学慢慢演变成"司法考试培训班",这背离了法学本科阶段的教育宗旨。法学本科阶段的教育宗旨是通识教育,职业教育应当在后本科阶段进行。因此,在本科阶段的教育中,应当尽可能减少司法考试的影响。     

Universities and the teaching of forensic sciences to lawyers—a note *

This article presents the findings of the survey conducted among business and accountancy students of the Nanyang Business School, Singapore, on the teaching of business law. The article is organised in three main sections. Section 1 formulates the framework for the research by outlining the three basic approaches adopted across many jurisdictions for the legal education of business students—the traditionalist ("black‐letter law"), the environmentalist and mixed approaches. Section 2 briefly describes the survey questions drawn up in the light of four principal objectives that, according to legal educators, the teaching of business law should achieve. Section 3 presents and examines the findings. The article concludes that law teaching at the Nanyang Business School conforms to the traditional approach. The author accordingly makes recommendations for the transformation of current teaching and assessment medthods: an injection of a great deal of “environmental” content and context‐based education; more use of actual and current cases, practical examples and a link to the business environment.