Assessing oral skills—time for reflection,time for risk

Abstract

THIS PAPER aims to establish a framework from which we can explain our dissatisfaction with defining what we teach and what and how we assess within legal education. To what extent can we, the professions or the public, have confidence that our assessment processes predict effective professional competence?

We will try to establish this framework by placing the discussion in the context of a workshop of assessment of oral skills run at the 2001 Bar Vocational Course conference. The workshop raised issues which we believe encapsulate the difficulties of measuring performance in such a way that it reliably predicts professional effectiveness. From this we will attempt to highlight the shortcomings of the current teaching, learning and assessment strategies more generally.

We go on to consider the role of student reflection in support of summative assessment: is it a reliable way of helping to plug the competence‐performance gap we have identified? What is its role in summative assessment? What demands does it make on tutor and learner? Since we cannot guarantee to find the best solutions first time, we make a plea for taking the risk of failure as well as success, and trying out ideas.     

Reforming the electoral system of Metropolitan Toronto: doing away with dual representation

Abstract: Since its creation in the mid-1950s, the elected council of Metropolitan Toronto was composed of politicians who had first been directly elected in their home municipalities (Scarborough, North York, etc.)- Over the years, various observers had noted the representational weaknesses of this arrangement, but little had changed by the mid-1980s. Metro concerns often appeared to be overlooked in the interest of local concerns, and lines of accountability from Metro to the public were weak. During the period 1986–88 a provincial government initiative led to a joint review of Metro's electoral arrangements and to enactment of major procedural reforms. By the 1988 Ontario municipal elections a system for direct election of the Metro council was in place. The provincial government's approach to reform, a provincial-municipal task force, merits examination, for the municipal affairs ministry was able to bring reforms forward despite opposition from certain local government leaders. Reviewing this experience sheds light on some of the complexities involved in analysing representational options as well as in assessing the provincial relationship with Metro issues. Study of the reform process utilized here illustrates the ability of a committed provincial government to place discussion of Metro change firmly on the political agenda. Reflection on the procedures and representation issues of the mid-1980s is now timely as the Ontario government is developing a yet larger entity, the Greater Toronto Area (GTA), which encompasses about 40 per cent of the province's population. Sommaire: Depuis son etablissement vers le milieu des annees 1950, le conseil elu du Toronto metropolitain etait compose de politiciens qui avaient d'abord ete elus directement dans leur propre municipality (Scarborough, North York, etc.). Au fil des annees, divers observateurs ont note les faiblesses de ce systeme de representation, mais tres peu changea jusqu'au milieu des annees 1980. Les preoccupations de     

The Voice of the Community in Private Law Discourse

Formalist private lawyers, with their view of law as an autonomous sphere and their emphasis upon allocative rules, tend to approach the issue of the harmonisation of private law in Europe with the following question: are the substantive rights and remedies of private individual actors sufficiently similar within each of the Member States to allow for the unification of autonomous private legal systems. Here the issue is essentially one of terminology. While sceptical voices maintain that formal private law is also a more complex matter of interrelated procedures and practices, many formalists conclude that whilst the terms of rights and remedies may differ slightly throughout Europe, there is sufficient substantive convergence to allow for harmonisation. However, lawyers of a sociological persuasion who see private law as being contingent upon society Ð a process reflexively and recursively facilitating economic activities and responding to social change Ð consider harmonisation to be dependent upon the harmonisation of market practices themselves. This paper, one of the most subtle of sociological contributions, tackles this issue with an innovative eye to the increasing blurring of the distinction between public and private concerns. The voice of Europe is the voice of a political collective and theoretically, under the once sacrosanct paradigm of the public/private divide, should not be heard within the 'individualistic' sphere of private law. However, just as national private law judges are generally responding to social concerns and are seeking to integrate collective voices within a once 'atomised' realm, so too are they taking note of the political voice of Europe: attempting to respond to the desire for integration and harmonisation within their jurisprudence.     

A. Reviews: general

AN EARLY ISLAMIC FAMILY FROM OMAN: AL‐'AWTABI'S ACCOUNT OF THE MUHALLABIDS. By MARTIN HINDS. (Journal of Semitic Studies Monographs, 17.) Manchester, University of Manchester, 1991. vi, 97pp. £25.00.

THE ORIGINS OF WESTERN ECONOMIC DOMINANCE IN THE MIDDLE EAST: MERCANTILISM AND THE ISLAMIC ECONOMY IN ALEPPO, 1600–1750. By BRUCE MASTERS. (New York University Studies in Near Eastern Civilisation, 12.) New York and London, New York University Press, 1988. xviii, 240 pp.

MOROCCO IN THE REIGN OF MAWLAY SULAYM#afAN. By MOHAMED EL MANSOUR. Cambridgeshire, MENAS Press, 1990. 248 pp. + bibliography.

THE BALKAN CITY 1400–1900. By NIKOLAI TODOROV. Seattle and London, University of Washington Press, 1983. xxvii, 641pp.

SOVIET POLICIES IN THE MIDDLE EAST: FROM WORLD WAR II TO GORBACHEV. By GALIA GOLAN. Cambridge, Cambridge University Press, 1990. viii, 319 pp. £27.50

THE SUPERPOWERS AND THE SYRIAN‐ISRAELI CONFLICT. By HELENA COBBAN. (The Washington Papers.) New York, Praeger (with the Center for Strategic and International Studies, Washington, D.C.), 1991. xxii, 182 pp. Map, tables, foreword by Robert G. Neumann. $19.95

LITTLE COMMON GROUND: ARAB AGRICULTURE AND JEWISH SETTLEMENT IN PALESTINE, 1920–1948. By CHARLES S. KAMEN. Pittsburgh, University of Pittsburgh Press, 1991. xi, 327pp. $39.95.

CITIZENS APART: A PORTRAIT OF THE PALESTINIANS IN ISRAEL. By AMINA MINNS & NADIA HIJAB. (Society and Culture in the Modern Middle East.) London & New York, I.B. Tauris, 1990. xiii, 210pp. £19.95.

THE LEGAL STATUS OF THE ARABS IN ISRAEL. By DAVID KRETZMER. (Westview Special Studies on the Middle East.) Boulder, San Francisco & Oxford, Westview Press, 1990. xii, 197pp. £13.50.

WAS THE RED FLAG FLYING THERE? MARXIST POLITICS AND THE ARAB‐ISRAELI CONFLICT IN EGYPT AND ISRAEL, 1948–1965. By JOEL BEININ. London, I.B. Tauris, 1990. xix, 317pp. £29.95.

EGYPT AND THE CRISIS OF ISLAM. By ZAHIA RAGHEB DAJANI. New York, Peter Lang, 1990. ix, 255pp.

WAR AND PEACE IN THE GULF: DOMESTIC POLITICS AND REGIONAL RELATIONS INTO THE 1990s. By ANOUSHIRAVAN EHTESHAMI and GERD NONNEMAN (with a contribution by CHARLES TRIPP). Reading, Garnet Publishing, 1991. 287pp. £30.00.

SUDAN: HISTORY, IDENTITY, IDEOLOGY. Edited by HERVÉ BLEUCHOT, CHRISTIAN DELMET and DEREK HOPWOOD. (St Antony's Middle East Monographs, 25.) Reading, Ithaca Press, 1991. xvi, 298 pp. £25.00.

TRIBES, GOVERNMENT AND HISTORY IN YEMEN. By PAUL DRESCH. Oxford, The Clarendon Press, 1989. xxix, 440pp. 14 bw. plates.

SOCOTRA: ISLAND OF TRANQUILLITY. By BRIAN DOE. London, Immel Publishing, 1992. 236pp. £50.00

AN OVERVIEW OF MODERN ARABIC LITERATURE. By PIERRE CACHIA. (Islamic Surveys.) Edinburgh, Edinburgh University Press, 1990. viii, 241pp. £30.00 (hb).

THE ARABIAN ORAL HISTORICAL NARRATIVE: AN ETHNOGRAPHIC AND LINGUISTIC ANALYSIS. By SAAD A. SOWAYAN. (Semitica Viva, 6.) Wiesbaden, Harrassowitz, 1992. xii, 323pp. DM88.‐

ARABCARD. By ADRIAN BROCKETT, OWEN TAYLOR and IAN CLARK. Durham, University of Durham, Centre for Middle Eastern & Islamic Studies, 1991. (Version reviewed: 3.2). Base Package (3 diskettes): £50.

ISLAM IN EUROPEAN THOUGHT. By ALBERT HOURANI. Cambridge, Cambridge University Press, 1991.