Law and Regulations on Legal Education in India Before, During and After COVID-19 with a Post-COVID-19 Manifesto

2021 ◽  
Vol 8 (2) ◽  
pp. 119-143
Author(s):  
S.G. Sreejith

This article is in pursuit of a way forward from the pandemic-stricken condition of legal education in India to a future of excellence. It realizes that as much as the pandemic paralyses us and threatens with losses, it educates us, emboldens us and helps us realize our true imaginative and constructive possibilities. What is being threatened is a system ordered through a regulatory governance, which owes its legitimacy to the constitution and rule of law. What is being discovered is the many possibilities—of imagination, experimentation and innovation—of regulations. Hence, this article builds a juxtaposition of regulations as they were before the pandemic and as they are during the pandemic, revealing the contrast between them in their scope and application. Inputs for reimagination found between the contrasts are used for making a manifesto for resilience and change, the relevance of which becomes obvious through a prevailing sentiment that perhaps the world will never be the same again.

2020 ◽  
pp. 232200582094669
Author(s):  
Rhea Roy Mammen

Legal education has evolved over several centuries across the globe, and its effectiveness is a matter of significant concern not merely for legal practitioners but also for society in general. One approach that has been gaining considerable attention is the concept of experiential legal education, which is at different levels of implementation across the world. Countries such as the United States and Canada have been pioneers in implementing this form of legal education, which is also known as clinical legal education (CLE), whereas India is striving to catch up. This article attempts to inspect and compare the development and implementation of CLE in Canada and India. The findings from the comparison are then utilized to inform the way ahead for CLE in India. While pursuing this objective, the article also examines the concept of experiential education, in general, and in the context of legal education, in particular. Moreover, insights are provided regarding CLE. The status of experiential legal education in Canada is reviewed, and the author’s experience in Canada under the Shastri Research Student Fellowship (SRSF) is detailed to provide the author’s insights regarding the implementation of experiential legal education in Canada. The evolution of experiential legal education in India is also detailed, together with insights regarding the regulations of the Bar Council of India (BCI) as are relevant to CLE. Finally, the article compares the author’s opinion of the present status of CLE in Canada and India and provides recommendations to enhance the future implementation of CLE in India.


2009 ◽  
Vol 10 (6-7) ◽  
pp. 847-858 ◽  
Author(s):  
Nehaluddin Ahmad

Half a century ago, the main purpose of university legal education in India was not the teaching of law as a branch of learning and as a science but simply to impart to students a knowledge of the black letter law, that is, certain principles and provisions of law to enable them to enter the legal practice exclusively for local needs. Gradually this perception changed and the process of reform in law and legal education was initiated. The real break came in 1990s when the new challenges posed by scientific and technological revolution and greater interaction between nations, trade in goods and services, information technology and free capital flow across international boundaries made the world a global village. Consequently, the concept of “local practice” widened to that of “transnational practice” in the context of globalisation and opening up of most of the economies of the world.


2020 ◽  
Vol 25 (39) ◽  
pp. 31-43
Author(s):  
Hari Hara Sudhan Ramaswamy

AbstractEducation in India is losing its relevance. This seems much more applicable to the situation in the present day of legal education. This essay aims to focus on two aspects of legal education. Whilst, on one hand, it aims to provide details of the existing legal education system on the other, it aims to drive more attention to the various improvements and developments that are needed. The essay firstly shall describe the existing legal education system. It shall analyze and assess the curricula that are available for the various undergraduate law degrees available in India. It aims to provide an understanding of the perceived distinctions between the three-year law degree and the five-year law degree. As a second aspect, the essay aims to explore options to further the quality of legal education in India by considering examples of various law schools or colleges of law across the world that have consistently proven themselves as a cut-above not legal education and research in their global scale. Also, from the learnings of the gaps in the curricula of the law degrees as discussed previously, the essay shall provide suggestions on the various plausible collaborations with foreign law schools and universities for the benefit of the Indian law schools and colleges of law. As a third and final aspect, as a measure to curb fake or bogus law schools or colleges of law within India and to enhance the employability of law graduates in India at par with those across the globe, the essay aims to provide suggestions applicable for the present-day legal education scenario.


2020 ◽  
Vol 14 (1) ◽  
pp. 125-152
Author(s):  
Mordechai Kremnitzer ◽  
Yuval Shany

AbstractAround the world, many liberal democracies are facing in recent years serious challenges and threats emanating inter alia from the rise of political populism. Such challenges and threats are feeding an almost existential discourse about the crisis of democracy, and recent legal and political developments in Israel aimed at weakening the power of the Supreme Court and other rule of law institutions have also been described in such terms. This Article primarily intends to explore the relevance of the discourse surrounding the decline of liberal democracy, and its possible relevance for Israeli democracy, by examining the principal similarities and differences between specific legislative and administrative measures recently taken or contemplated in Israel and in two Central European states: Poland and Hungary. We focus on three sets of illiberal measures adopted or contemplated in Hungary, Poland, and Israel: (i) measures directed at limiting the power of the judiciary; (ii) measures intended to restrict the operation of civil society organizations; and (iii) measures directed at curbing dissent to governmental policies and at influencing the discourse in the media and academia. Although Israeli democratic institutions still retain much of their independence and vitality, we nonetheless find some degree of similarity between measures taken or contemplated by Hungary, Poland, and Israel, despite the many differences between their legal systems, historical contexts, political cultures, and the distinct stages of backsliding they seem to experience.


2019 ◽  
Vol 26 (2) ◽  
pp. 227-252
Author(s):  
Deborah Solomon

This essay draws attention to the surprising lack of scholarship on the staging of garden scenes in Shakespeare's oeuvre. In particular, it explores how garden scenes promote collaborative acts of audience agency and present new renditions of the familiar early modern contrast between the public and the private. Too often the mention of Shakespeare's gardens calls to mind literal rather than literary interpretations: the work of garden enthusiasts like Henry Ellacombe, Eleanour Sinclair Rohde, and Caroline Spurgeon, who present their copious gatherings of plant and flower references as proof that Shakespeare was a garden lover, or the many “Shakespeare Gardens” around the world, bringing to life such lists of plant references. This essay instead seeks to locate Shakespeare's garden imagery within a literary tradition more complex than these literalizations of Shakespeare's “flowers” would suggest. To stage a garden during the sixteenth and seventeenth centuries signified much more than a personal affinity for the green world; it served as a way of engaging time-honored literary comparisons between poetic forms, methods of audience interaction, and types of media. Through its metaphoric evocation of the commonplace tradition, in which flowers double as textual cuttings to be picked, revised, judged, and displayed, the staged garden offered a way to dramatize the tensions produced by creative practices involving collaborative composition and audience agency.


2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Alwi Musa Muzaiyin

Trade is a form of business that is run by many people around the world, ranging from trading various kinds of daily necessities or primary needs, to selling the need for luxury goods for human satisfaction. For that, to overcome the many needs of life, they try to outsmart them buy products that are useful, economical and efficient. One of the markets they aim at is the second-hand market or the so-called trashy market. As for a trader at a trashy market, they aim to sell in the used goods market with a variety of reasons. These reasons include; first, because it is indeed to fulfill their needs. Second, the capital needed to trade at trashy markets is much smaller than opening a business where the products come from new goods. Third, used goods are easily available and easily sold to buyer. Here the researcher will discuss the behavior of Muslim traders in a review of Islamic business ethics (the case in the Jagalan Kediri Trashy Market). Kediri Jagalan Trashy Market is central to the sale of used goods in the city of Kediri. Where every day there are more than 300 used merchants who trade in the market. The focus of this research is how the behavior of Muslim traders in the Jagalan Kediri Trashy Market in general. Then, from the large number of traders, of course not all traders have behavior in accordance with Islamic business ethics, as well as traders who are in accordance with the rules of Islamic business ethics. This study aims to determine how the behavior of Muslim traders in the Jagalan Kediri Trashy Market in buying and selling transactions and to find out how the behavior of Muslim traders in the Jagalan Kediri Trashy Market in reviewing Islamic business ethics. Key Words: Trade, loak market, Islamic business


Author(s):  
Benedetta Zavatta

Based on an analysis of the marginal markings and annotations Nietzsche made to the works of Emerson in his personal library, the book offers a philosophical interpretation of the impact on Nietzsche’s thought of his reading of these works, a reading that began when he was a schoolboy and extended to the final years of his conscious life. The many ideas and sources of inspiration that Nietzsche drew from Emerson can be organized in terms of two main lines of thought. The first line leads in the direction of the development of the individual personality, that is, the achievement of critical thinking, moral autonomy, and original self-expression. The second line of thought is the overcoming of individuality: that is to say, the need to transcend one’s own individual—and thus by definition limited—view of the world by continually confronting and engaging with visions different from one’s own and by putting into question and debating one’s own values and certainties. The image of the strong personality that Nietzsche forms thanks to his reading of Emerson ultimately takes on the appearance of a nomadic subject who is continually passing out of themselves—that is to say, abandoning their own positions and convictions—so as to undergo a constant process of evolution. In other words, the formation of the individual personality takes on the form of a regulative ideal: a goal that can never be said to have been definitively and once and for all attained.


Author(s):  
T. M. Rudavsky

Of the many philosophical perplexities facing medieval Jewish thinkers, perhaps none has challenged religious belief as much as God’s creation of the world. No Jewish philosopher denied the importance of creation, that the world had a beginning (bereshit). But like their Christian and Muslim counterparts, Jewish thinkers did not always agree upon what qualifies as an acceptable model of creation. Chapter 6 is devoted to attempts of Jewish philosophers to reconcile the biblical view of creation with Greek and Islamic philosophy. By understanding the notion of creation and how an eternal, timeless creator created a temporal universe, we may begin to understand how the notions of eternity, emanation, and the infinite divisibility of time function within the context of Jewish philosophical theories of creation.


Geoheritage ◽  
2021 ◽  
Vol 13 (2) ◽  
Author(s):  
Roger Crofts ◽  
Dan Tormey ◽  
John E. Gordon

AbstractThis paper introduces newly published guidelines on geoheritage conservation in protected and conserved areas within the “IUCN WCPA Best Practice Guidelines” series. It explains the need for the guidelines and outlines the ethical basis of geoheritage values and geoconservation principles as the fundamental framework within which to advance geoheritage conservation. Best practice in establishing and managing protected and conserved areas for geoconservation is described with examples from around the world. Particular emphasis is given to the methodology and practice for dealing with the many threats to geoheritage, highlighting in particular how to improve practice for areas with caves and karst, glacial and periglacial, and volcanic features and processes, and for palaeontology and mineral sites. Guidance to improve education and communication to the public through modern and conventional means is also highlighted as a key stage in delivering effective geoconservation. A request is made to geoconservation experts to continue to share best practice examples of developing methodologies and best practice in management to guide non-experts in their work. Finally, a number of suggestions are made on how geoconservation can be further promoted.


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