Thinking like a lawyer/acting like a professional: communities of practice as a means of challenging orthodox legal education

Increasingly, there is pressure upon law schools, in Australia and elsewhere, to impress upon students the significance of the ethical and professional obligations of legal practice. The recent Carnegie Report explicitly looked to law schools “to initiate novice practitioners to think, to perform, and to conduct themselves (that is, to act morally and ethically) like professionals”. Many law students, however, have little appreciation of legal ethics and any concept they may have of professionalism tends to be envisaged as applying only after graduation. In this paper, we explore the idea of a “community of practice”. Lave and Wenger, who coined the phrase, contend that “learning is conceived as a trajectory in which learners move from legitimate peripheral participant to core participant of the community of practice”. We will argue that law students should appreciate that they are entering the legal profession's community of practice and that all aspects of their conduct relevant to professionalism – not only academic integrity, but matters such as time management, teamwork, relationships with peers and staff – relate to this transition into a legal professional community. Such an approach may not only serve to impress upon students the significance of “professionalism” and ethics, but inculcate in them a sense of belonging to a professional community.     

Impact Assessment of EU Non‐Legislative Rulemaking: The Missing Link in ‘New Comitology’

Impact assessment (IA) has gone from an innocuous technical tool typically used in the pre‐legislative phase to an instrument at the heart of the European institutional machinery. However—in deviation from its roots as a tool governing delegated rulemaking in the US—most experience with IA in the EU has been gathered in a legislative context. Against the background of the recent evolution of the EU's old ‘comitology’ system into a two‐track system of delegated acts and implementing measures, this contribution discusses in three parts the ‘whys,’ ‘whats’ and ‘hows’ of extending IA to ‘non‐legislative rulemaking.’ It explores various aspects of the rulemaking process that IA—if properly applied—could strengthen: consultation, control and quality.     

Introduction: The (Ab)use of Language in Legal Discourse

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Culture and Negotiation Strategy

In this article the authors investigate the relationship between culture and joint gains by examining the role of information sharing and power strategies in intracultural negotiations. Previously, the authors found that the relationship between cultural values or norms and joint gains was uncertain in six cultures: France, Russia, Japan, Hong Kong, Brazil, and the United States. Of the five values and norms measured, only norms for information sharing in negotiation were directly related to joint gains. This article explores and extends prior findings by investigating the strategies used by negotiators in the same six cultures. Cultures that maximized joint gains used direct information-sharing strategies or a combination of indirect and direct strategies. Power strategies may help or hurt joint gains, depending on a culture's values and norms for power and whether or not power-based influence is used in conjunction with sufficient information exchange. The findings suggest that understanding the other party's cultural characteristics and strategies can help negotiators plan how to focus on information exchange and deal with unusual power strategies that they may encounter.