Caste in Legal Education: A Survey of Law Schools in Delhi

2017 ◽  
Vol 5 (1) ◽  
pp. 60-75 ◽  
Author(s):  
Sameena Dalwai

This article considers the connection between legal education and imparting of justice vis-à-vis caste crimes in India. It argues that failure of law to offer justice to survivors of caste crimes is linked with the failure of legal education to offer an understanding of caste and gender to its students. From a survey of three law schools in Delhi NCR, this article raises questions about the knowledge of caste that law students possess. It examines this data in the light of what must be known and taught to the future lawyers to prepare them as unbiased and effective officers of law. The article begins with an anthology of caste crimes in the past few decades, setting off a detailed discussion on why understanding caste is imperative to justice machinery in India and hence to legal education.

Author(s):  
Elmarie Fourie

Law schools have a responsibility to remind law students that by studying law they have the power to transform thoughts, policies and lives, and that practising law is not just about financial rewards, but that its greatest reward is contributing to the betterment of society and ultimately to social change. The values and philosophies that law lecturers instil in law students can contribute to the legal order of the future; a legal order that supports a transformative South Africa. A need exists to bring legal education closer to the values enshrined in our Constitution. In addition to an extensive knowledge of legal principles, critical thinking and research skills, law students should critically engage with our constitutional values. The question remains: How do we transform legal education in South Africa? How do we change the way we teach law students? The introduction of concepts such as therapeutic jurisprudence enhanced by our constitutional values will ensure that we deliver graduates that display a commitment to our constitutional vales and an ability to engage critically with these values. It is important to establish a professional legal identity amongst students from their first year as this will assist in the development of a well-rounded graduate that can contribute to the legal order of the future. Letter writing and drafting skills, the value of plain language, moot court activities, alternative dispute resolution and clinical legal education provide opportunities to integrate valuable therapeutic jurisprudence principles into the curriculum and can allow students to critically engage with our constitutional values. By embodying these values they can improve the legal system, shape our legal order and promote progress toward an equal and free democratic society as envisaged by the Constitution.


2008 ◽  
Vol 8 (1) ◽  
pp. 4-10 ◽  

AbstractIn this analysis of the future of our profession, Barbara Tearle starts by looking at the past to see how much the world of legal information has evolved and changed. She considers the nature of the profession today and then identifies key factors which she believes will be of importance in the future, including the impact of globalisation; the potential changes to the legal profession; technology; developments in legal education; increasing commercialisation and changes to the law itself.


2018 ◽  
Vol 25 (1) ◽  
pp. 35
Author(s):  
Jacqueline Weinberg

<p>Over the last 30 years alternative dispute resolution (ADR) has become more prominent in Australian legal practice due to the need to reduce the cost of access to justice and to provide more expedient and informal alternatives to litigation. As legal educators, we need to ask: how should we be preparing law students entering practice for these changes? How can we ensure that once they become lawyers, our students will not rely entirely on litigious methods to assist their clients but instead look at alternatives for dispute resolution?</p><p>In this paper, I argue that there is no alternative to teaching ADR in clinic in order to address client needs and to ensure that students engaged in clinical education are prepared for changes in legal practice today. I show that the increasing focus upon ADR in Australian legal practice represents a challenge for law schools, and that legal educators need to ensure they are educating students about ADR.</p><p>I argue that it is important to determine whether ADR is being taught to students undertaking clinical legal education in ways that will enhance their preparation for legal practice. I will show that there is a need to explore: whether ADR is being taught within clinical legal education, the strengths and weaknesses of existing approaches, and how the teaching of ADR within clinics can be improved.</p>


Author(s):  
Sher Campbell ◽  
Katherine Lindsay

In recent years, the Australian legal profession, government policymakers and the nation’s law schools have evinced concern about the future of legal practice beyond metropolitan areas. The issues and suggested responses have been debated in various fora amongst the stakeholders. This paper explores the way in which one regional law schoolwith a distinctive approach to legal education has responded to these issues from an educational and pastoral perspective. Newcastle Law School established its Lawyers of the Future program in 2009. Lawyers of the Future is a multi-faceted initiative, which promotes professional partnerships with the secondary education sector through the Schools’ Visit program, and partnerships with rural and regional professionals through active connections in those areas. The third phase of the Lawyers of the Future program will be the development of rural and regional legal placement sites for senior law students enrolled in Newcastle’s Professional program.Whilst the Lawyers of the Future program has three distinctive and interrelated elements and objectives, it is the placement program that provides the lynchpin. Such a placement program, which is innovative in itself, has a greater educational purpose: the experience of practice in rural and regional areas, together with the process of subsequent engaged and critical reflection, will contribute meaningfully to the development of students’ professional personae in ways which will support an ethos of professional service beyond the narrow confines of practice in the metropolis for the legal conglomerates. 


2012 ◽  
Vol 20 (1) ◽  
Author(s):  
B. C. Nirmal

This article makes some observations about legal education in India by locating it within a wider context of legal education reform that is taking place in Law Schools across the world in the wake of globalizationled and globalization-induced changes in the nature and needs of legal profession. For being both intellectually challenging and professionally relevant, legal education should be more responsible than ever before to the legal needs of the community national as well as international , and the learning needs of students to become professionally competent to play their role in an increasingly transnationalized legal service market. Any effort to restructure and reorient legal education to attain these goals will be an uphill task for any school. This article begins with exploring the implications of globalization for legal education and then turns to nature, aims and objectives of legal education. The article then looks at the possible changes required to be made in the existing curriculum for undergraduate law students in order to make the legal education more relevant and meaningful for its consumers. The focus then shifts to issues concerning methods of teaching, clinical experience and assessment of students. This article then considers issues arising from the proposal of the Bar Council of India to reduce the period of Masters programme and then builds a strong case for strengthening a research tradition in Law Schools. The focus then shifts to measures that are necessary to attract and retain better faculty and also to the regulatory role of the Bar Council of India in the field of legal education. The article concludes with some reflections on the promise of a different vision of legal education.


2015 ◽  
Vol 22 (3) ◽  
pp. 334 ◽  
Author(s):  
Ann Thanaraj ◽  
Michael Sales

<p>This practice paper offers a modest proposition that could make law graduates more capable of serving their clients in a modernised and efficient manner. We propose that in addition to law clinics and other forms of experiential activities, law schools could add a new type of clinical component to their curriculum that teaches students to use technology to assist in the delivery of legal services. Digital lawyering skills will help law students learn core competencies needed in an increasingly technological profession, and it may help close the gap between offering access to justice by making legal services available online in the most accessible and convenient way possible and in equipping law graduates with a modernised and digital legal education. </p>


2013 ◽  
Vol 12 (4) ◽  
pp. 535-578
Author(s):  
Bruce A. Kimball

Between 1915 and 1925, Harvard University conducted the first national public fund-raising campaign in higher education in the United States. At the same time, Harvard Law School attempted the first such effort in legal education. The law school organized its effort independently, in conjunction with its centennial in 1917. The university campaign succeeded magnificently by all accounts; the law school failed miserably. Though perfectly positioned for this new venture, Harvard Law School raised scarcely a quarter of its goal from merely 2 percent of its alumni. This essay presents the first account of this campaign and argues that its failure was rooted in longstanding cultural and professional objections that many of the school's alumni shared: law students and law schools neither need nor deserve benefactions, and such gifts worsen the overcrowding of the bar. Due to these objections, lethargy, apathy, and pessimism suffused the campaign. These factors weakened the leadership of the alumni association, the dean, and the president, leading to inept management, wasted time, and an unlikely strategy that was pursued ineffectively. All this doomed the campaign, particularly given the tragic interruptions of the dean's suicide and World War I, along with competition from the well-run campaigns for the University and for disaster relief due to the war.


2003 ◽  
Vol 21 (3) ◽  
pp. 621-622 ◽  
Author(s):  
Bruce Kercher

Peter Karsten asks why there might be a greater comparative propensity among CANZ historians than among those of the United States. Part of the reason may lie in the legal education many of us in Australia received, and in the formal legal status of many commonwealth countries until recently. As recently as the early 1970s, Australian law students were taught that English law was as significant as that made in the Australian courts. Appeals from the Australian Supreme Courts to the Privy Council were finally abolished only in 1986. From that time onward, there was a drive within the law schools to find differences from England, to look toward comparisons with other places than England.


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