Teaching law in Scotland

ABSTRACT

The theory of threshold concepts has become a popular way to describe the difficulties students face when trying to grasp fundamental ideas in a discipline. In law authors have suggested a range of concepts as thresholds. However these suggestions conflict with each other, and have not emphasised the way in which students repeatedly encounter such thresholds. Using variation theory and the concept of knowledge capability this article suggests that the Threshold Capability Integrated Theoretical Framework may be a way to resolve those differences and to highlight the ongoing nature of liminality in becoming a professional. Students may grasp initial threshold concepts early in a degree or subject, develop the ability to manipulate and use them in a variety of settings towards the end of the degree, and develop a lifelong professional ability to use them in diverse settings after graduation. Law students, lawyers and indeed law teachers may be best seen as in a constant state of learning. The uncertainty that goes with that learning is to be embraced, and encouraged as part of the way we teach law.