The performance of law students at a London college

This article examines the value of jurisprudence in legal education. It argues that jurisprudence should be mandated at an early stage of the students' law curriculum as the legal ideals that may be imparted through a jurisprudence course cannot be adequately taught in a professional ethics course or through teaching jurisprudential perspectives in doctrinal subjects. Law schools have a special responsibility to get students thinking about what law is, what makes law legitimate, and how law is related to justice, morality, politics and rationality. A mandatory jurisprudence course should be intentionally structured along these themes.     

Teaching public law in a comparative paradigm: virtues and vices

Comparison in legal education matters. In its mission statement, the International Society of Public Law suggests that, “a full explication and understanding of today’s ‘constitutional’ [law] cannot take place in isolation from other branches of public law or in a context that is exclusively national”. Not only is comparative content of itself enlightening, but this paper argues comparison as a teaching method has at least four virtues. First, teaching in a comparative paradigm better prepares graduates for an interconnected and global legal marketplace. Second, it helps illuminate curriculum content. Third, it makes for good citizenry. And, fourth, it enhances the research/teaching nexus. In so doing, this paper explores the use of comparative law as a teaching methodology in core public law subjects rather than by way of additional curriculum content. As with all things, however, where there are virtues, there are also vices. In this context, such vices include questions of relevance and threats to space, time and coherence in legal education. To that end, the disadvantages of comparative approaches in teaching public law are also considered.     

Academic perspectives on teaching international family law in higher education institutions in England and Wales

ABSTRACT

The increasing prevalence of family law disputes in England and Wales with an international element is well documented in the development of domestic legislation, case law and family practice. However, despite changes to the legal landscape and the academic recognition of international family law as a legal subject, it is still often disregarded within the undergraduate family law curriculum or as a standalone module. This article explores the development of international family law in England and Wales and presents the findings of a national questionnaire into whether international family law is taught as part of the undergraduate curriculum. The article also explores what barriers exist to including international family law topics. To conclude, the author offers some general advice about incorporating these topics into the curriculum to ensure that students are equipped to deal with the realities of family practice in England and Wales.     

略论当前我国法学教育体制存在的问题

我国的法学教育体制，特别是法学学位体系和人才培养模式，正面临着急迫的问题与挑战，亟待解决。其具体表现在如下几个方面：法学学位项目层次和种类过多；法学学位体系之间相互交叉，职责界限不清，管理混乱；缺乏法学主学位，过分重视高学历法学教育，人才培养同质化严重；学位教育项目与法律职业准入相互脱节；法学教育规模急剧扩大与确保法学教育质量之间矛盾增大；课程体系与课程设置不合理，法学各专业教学特色不明显；法学人才的招录体制和分配去向存在着地区间严重不平衡；全球化法学教育的挑战与国内法律人才国际视野的局限性。     

NR Madhava Menon: The guiding light for global clinical legal education

The late NR Madhava Menon, known widely as ‘the father of modern legal education in India’, was also a leading voice for global legal education reform by championing ‘socially relevant legal education’ through clinical legal education throughout the world. This article concentrates on his seminal role in the founding of the Global Alliance for Justice Education (GAJE) and the crafting of its mission statement. Drawing on a number of key moments in Dr Menon’s lifelong dedication to the twin causes of legal education and social justice, it highlights how he brought an international perspective to his critical work on legal education reform in India by enlisting international collaborators, how he motivated international colleagues to bring similar reforms to their countries, and how he mentored new generations of legal educators in what has become a true global clinical movement. The article focuses specifically on how the guiding principles of GAJE’s inaugural conference, which Dr Menon co-chaired in 1999, reflect his vision of global clinical legal education that continues to guide GAJE and the global clinical movement today.

     

Preparing law graduates for a globalised world

In this article it is argued that law graduates need to be prepared for working in a global legal context. Whether working in global law firms or small, local non-global law firms, law graduates need to have the knowledge, skills and attributes that will better equip them to work within and across multiple, international legal jurisdictions. The purpose of the article is twofold: first, to report on and disseminate research on a collaborative project on internationalising the Australian law curriculum aimed at preparing law graduates for global legal practice, of which the authors were the lead researchers; and second, to discuss and demonstrate the practical application of the proposed curriculum framework to the teaching of Constitutional Law.     

An examination of the effectiveness of Readers’ Theatre as a teaching strategy in legal education

ABSTRACT

The effectiveness of the case method of legal education in preparing for the practice of law has been questioned for more than a century. Students are encouraged to conceive conflict in a manner that often does not provide adequate context for the application of their personal perceptions of justice. A resulting criticism of the case method, then, is that it fails to adequately teach students how to act “with ethical substance” in the professional circumstances for which they are being prepared. As a means of addressing this perceived gap, North American law schools have been increasing their use of experiential education methods. In this paper, the utility of Readers’ Theatre (RT) is examined as an experiential teaching strategy to expose law students to the interpersonal and ethical dynamics of legal problem-solving communications.     

Exploring conceptual legal knowledge building in law students’ reflective reports using theoretical constructs from the sociology of education: what,how and why?

The substantive content of the undergraduate law curriculum in the UK is currently under scrutiny as a result of forthcoming changes in the entry level requirements of the legal profession. As a result LLB curriculum designers are evaluating what knowledge should be included in the curriculum, how students should access this knowledge, and which pedagogic approaches to adopt. This study will analyse student submissions for an assessment item at York Law School called the reflective report to explore how students are building their conceptual legal knowledge, and what this means for curriculum designers. The data analysis will be informed by the theoretical constructs of three sociologists of education, Michael Young, Basil Bernstein, and Karl Maton, including their respective concepts of social realism, hierarchical and horizontal knowledge structures, and semantic gravity. It develops themes exploring how students can weaken the semantic gravity of knowledge to make meanings that reach beyond the learning context. It draws some conclusions about the implications of the research on future curriculum design and the importance of developing students’ engagement with powerful knowledge in the delivery of legal education in an academic environment.     

Lessons from Roman law: EU law in England and Wales after Brexit

ABSTRACT

The experience of Roman law in legal education in England and Wales may serve as a cautionary tale for EU law post-Brexit. Similarly, past debates as to the position of Roman law in the curriculum may also be instructive in the EU law context. After tracing the history of the teaching of Roman law in England and Wales, this article posits first that the factors that appear to have caused the decline of Roman law could apply equally in the context of EU law. Secondly, based on both pragmatic and liberal education arguments that have historically been proffered for the study of Roman law, it advances arguments for the retention of a compulsory stand-alone EU law module in England and Wales after Brexit. To this end, the paper contends that the arguments for the retention of EU law in legal education are more robust than those asserted traditionally in favour of Roman law.     

Teaching Dissent in the Law School: Have Students Learned to Disagree?

This paper offers an analysis of the qualitative evidence obtained from a research project in relation to the teaching of a module on the Trials of Dissenters in the context of an undergraduate law degree. It will consider whether a pedagogically innovative course has encouraged and enabled undergraduate law students to think more creatively on the issues raised by specific historic trials and to be prepared to construct more critical and open ended arguments. The study of the Trials of Dissenters, we hoped, would encourage our students to dissent both from the standard model of legal education and from the acceptance of what lecturers say as “true”. We here consider the success of our project in relation to how students view dissent.     

Identifying Points of Contact and Engagement Between Legal and Environmental Education

This article explores the shaping and possibly reforming potential of ideas about sustainability in legal education by drawing up a scale of environmental education theories, arranged according to their propensity to transform radically university education. The article offers a critical analysis of current individualist strategies aimed at developing students' environmental skills, in particular that these hamper opportunities for universities to develop a broader and more creative agenda of social change. Applying ideas about how environmental education communities of practice develop, this article identifies some pockets of activity seeking to integrate ideas of sustainability into the law curriculum, including via environmental law and teaching Wild Law or Earth Jurisprudence. These issues form part of an on‐going debate about how well law students are being prepared for work in highly challenging social, environmental, and financial circumstances, against the backdrop of a broader question about ‘what are universities for?’     

Legal education in the training of health professionals in Ghana: the need for legislative and curricular reforms

The present paper critically analyses the essence of legal education in the training of medical professionals in Ghana. It argues that health professionals lack the requisite knowledge in law, especially the legal implications of medical malpractice, and calls for legislative and curricular reforms in institutions engaged in the training of health professionals to reflect a legal education component. The authors opine that the basic medical law curriculum should be focused on the kinds of legal problems that physicians encounter most frequently in practice rather than on sensational cases. The authors are of the view that the curriculum should address the clarification of central concepts in law, the ability to apply the concepts, decision‐making procedures, acquisition of legal knowledge in tortuous and criminal matters relevant to the medical profession. This view sets objectives for teaching medical law to medical students and young doctors.     

Investigating the feasibility of using student reflective journals to understand how clinical legal education can develop the ethical competence of law students

ABSTRACT

The purpose of this small-scale empirical study is to gain an insight into how to explore the contribution clinical legal education (CLE) can make to teaching legal ethics to law students. CLE provides real or simulated opportunities for students to provide legal advice and learn through application, practice and reflection in work-integrated contexts, for example through student law clinics and CLE modules. Previous empirical studies in this area, which have focused on whether CLE can develop a sense of ethical competence in law students, have argued persuasively that CLE provides an effective vehicle for teaching ethics, and this is now generally supported by academic opinion. However, hardly any attention has been given to how CLE develops the ethical competence of law students. This study, which is concerned with conducting a feasibility study of the use of reflective journals within CLE to determine whether and how a full-scale study can be done, is aimed at addressing this gap.     

Due Process and Criminal Procedure in the Cambodian Extraordinary Chambers

This contribution concentrates on aspects of due process andthe organization of criminal procedure in the Cambodian ExtraordinaryChambers (CEC). It will be demonstrated that in respect of humanrights the governing legal framework offers a solid basis forprotection, but strict enforcement may be problematic. Concerningthe procedural law of CEC, the vital issue is how to reconcilea predominantly civil law based national criminal procedurewith standards of international criminal justice. This contributionoffers a first tentative suggestion in this respect.     

Legal skills and the SQE: confronting the challenge head on

Whether the teaching and assessment of practical legal skills and professional conduct should be focused at the academic or vocational stage of legal education has been considered numerous times, with recommendations made and varying degrees of implementation carried out. With the approval of the Solicitors Qualifying Examination being granted by the Legal Services Board this issue is once again being brought into focus. The end of the Legal Practice Course will result in the required compulsory teaching and assessment of core practical legal skills and professional conduct being removed from legal education. The question therefore is whether legal education should incorporate practical legal skills and professional conduct into teaching and assessment at the academic stage and, if so, how can this be achieved in a way that complements rather than distracts from the study of academic law. This study will consider the recommendations made in relation to practical legal skills and professional conduct over the last five decades and identify possible options for the embedding of practical legal skills and professional conduct in the law curriculum at undergraduate level.     

The role of serendipity in legal education: a living curriculum perspective

This article evaluates the challenges of modular redesign and the potential contribution of serendipity in legal education by advancing a “living” curriculum model. The archaeology of the curricular redesign process is excavated by exploring the conditions influencing and constraining curricular redesign. Whilst this study is primarily located within the theoretical context of curricular redesign, it is also rooted in both the practice of law and higher education literature. A key concern of this research is to consider the under-explored interaction between serendipity and curricular design with a particular focus on how the surrounding serendipitous conditions proved timely and welcome in creating an unanticipated opportunity for such redesign. There remains a surprising dearth of research evaluating the influence of serendipity in legal education generally and, more specifically, with respect to the challenges of module redesign and delivery. This article uncovers a research agenda with themes concentrated on the role of serendipity in curricular design and how “real world” relevance can be incorporated into module redesign and delivery. It is suggested that serendipity-sensitive curricula which acknowledge current debates within law and the contemporary contexts within which law operates enhance students’ capacity to recognise the relevance and applicability of their legal knowledge. By remaining alert to the potential for serendipitous innovation in curricular redesign and by re-engineering curricula to facilitate serendipity, legal academics can enhance the incorporation of “real world” relevance into academic teaching.     

Swaying the Hand of Justice: The Internal and External Dynamics of Regime Change at the International Criminal Tribunal for the Former Yugoslavia

This article develops a conflict approach for studying the field of international criminal law. Focusing on the International Criminal Tribunal for the Former Yugoslavia, we draw on Burawoy's (2003 ) elaboration of reflexive ethnography to determine how external political changes affect the work of an international legal institution. We explore how political frameworks of legal liberalism, ad hoc legalism, and legal exceptionalism result in internal office, organizational, and normative changes within this Tribunal, thereby linking national political transformations with the construction of the global. Drawing on rolling field interviews and a two-wave panel survey, we conclude that the claims to universals that underwrite transnational legal fields cannot be understood solely through an analysis of external political forces, but must be combined with attention to how these are refracted through internal organizational change within international institutions.     

Social justice jurisprudence of clinical education programme: A paradigm shift from legal education to justice education

The legal profession has remained relevant in bringing about positive transformation in society — with leaders, policymakers, and change makers around the world mostly possessing a background in the law. That said, the trust, and positive image, enjoyed by legal professionals continues on a declining path. Considered more glamorous, the legal profession has gone astray from the path of social justice. In this article, I argue that the negative perception of legal professionals is, in large part, because of the way legal professionals are taught and trained in law schools. I argue that legal teaching pedagogy in South Asia, and generally in developing countries, is a product of colonial structure. Even after the so-called decolonisation movement, law schools and universities, for example in South Asia, institutionalised a legal pedagogy unsuited to the epistemic actualities of their societies. A law student in South Asia was and continues to be taught the Western conception of what the law is and its relationship to justice. In a legal culture carrying the transplanted laws of the colonisers, the students of developing countries are meticulously trained in the technical skills of reasoning and interpretation by applying Eurocentric guidelines of positivist construction. In light of this, I propose a shift in legal education: to transform the existing legal education and pedagogy into ‘justice education’. I focus on the ancient principles — located in the Eastern legal philosophy — of empirical reasoning and the importance of the human nature of sociability in arriving at social justice. To combat the tendency of insulating law students from societal problems, I propose a social justice-driven legal pedagogy. I have also reflected on some practices that ‘are’ and highlighted other practices that ‘ought to be’. My thesis connotes that the legal profession has an innate role in building the capability of individuals who are deprived and excluded. In line with it, I present examples of scalable clinical legal education being practised specially by the Kathmandu School of Law that can create multidimensional legal professionalism.

     

Competition policy in the United States and the United Kingdom ‐ A look at underlying forces*

Summer schools in law are a common feature of Irish legal education today. Originating in the US, summer schools are now an international phenomenon. In 2005, the eLaw Summer Institute (or ELSI), was established at University College Cork as a four-week international summer school. In this article, we reflect on the design and development of ELSI, with reference to three key aspects of this summer school. First, we address issues arising from the intensive teaching aspect of ELSI, including the use of technology as part of a blended learning experience. Second, we explore the challenges posed by the international audience in ELSI. Lastly, we critically examine the comparative elements of the school in terms of curriculum design and delivery of the programme. Our analysis builds upon existing literature in the areas of curriculum design and delivery, intensive teaching, the international classroom and comparative legal studies; and is informed by empirical data in the form of anonymous student questionnaires. The aim of the article is to engage with others involved in summer programmes, to share our experiences and critical analysis and to provide an insight for those not involved in summer school programmes into the challenges and the rewards for students, staff and the institutions involved.