scholarly journals De-Secularizing Legal Education in Indonesian Non-Islamic Law School: Examining The �Intorduction to Jurisprudence� Textbooks on The �Norm Classification� Chapter

2018 ◽  
Vol 1 (2) ◽  
pp. 135 ◽  
Author(s):  
Fajri Matahati Muhammadin ◽  
Hanindito Danusatya

The Indonesian legal system is not secular, but the legal education in non-Islamic universities are secular. This article will highlight the �Introduction to Jurisprudence� course (ITJ) at law undergraduate programs. More specifically, one chapter will be analyzed i.e. �Classification of Norms� because it is an early fundamental chapter in ITJ which shapes the jurisprudential reasoning of the law students. This article uses a literature study to observe the most used textbooks for the (ITJ) course in the top law schools in Indonesia. It will be found that the approached used by these textbooks are secular and incompatible with the Indonesian non-secular legal system. Islamization of knowledge is needed to �de-secularize� this �Classification of Norms� chapter.

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.


Author(s):  
Willem Hendrik Gravett

It is a sad fact that at most university law schools in South Africa, a student can graduate without ever having set foot in a courtroom, and without ever having spoken to, or on behalf of, a person in need of advice or counsel. The past several years have witnessed a swelling chorus of complaints that the current LLB curriculum produces law graduates who were "out of their depth" in practice. My purpose is to make a case for the inclusion in the LLB curriculum of a course in trial advocacy. This endeavour of necessity invokes the broader debate over the educational objectives of a university law school – a debate memorably framed by William Twining as the two polar images of "Pericles and the plumber". My thesis is that the education of practising lawyers should be the primary mission of the university law school. The first part of this contribution is a response to those legal academics who hold that the role of the law school is to educate law students in the theories and substance of the law; that it is not to function as a trade school or a nursery school for legal practice. With reference to the development of legal education in the United States, I argue that the "education/training" dichotomy has been exposed as a red herring. This so-called antithesis is false, because it assumes that a vocational approach is necessarily incompatible with such values as free inquiry, intellectual rigour, independence of thought, and breadth of perspective. The modern American law school has shown that such so-called incompatibility is the product of intellectual snobbery and devoid of any substance. It is also often said that the raison d'être of a university legal education is to develop in the law student the ability "to think like a lawyer". However, what legal academics usually mean by "thinking like a lawyer" is the development of a limited subset of the skills that are of crucial importance in practising law: one fundamental cognitive skill – analysis – and one fundamental applied skill – legal research. We are not preparing our students for other, equally crucial lawyering tasks – negotiating, client counselling, witness interviewing and trial advocacy. Thinking like a lawyer is a much richer and more intricate process than merely collecting and manipulating doctrine. We cannot say that we are fulfilling our goal to teach students to "think like lawyers", because the complete lawyer "thinks" about doctrine and about trial strategy and about negotiation and about counselling. We cannot teach students to "think like lawyers" without simultaneously teaching them what lawyers do. An LLB curriculum that only produces graduates who can "think like lawyers" in the narrow sense ill-serves them, the profession and the public. If the profession is to improve the quality of the services it provides to the public, it is necessary for the law schools to recognise that their students must receive the skills needed to put into practice the knowledge and analytical abilities they learn in the substantive courses. We have an obligation to balance the LLB curriculum with courses in professional competence, including trial advocacy – courses that expose our students to what actually occurs in lawyer-client relationships and in courtrooms. The skills our law students would acquire in these courses are essential to graduating minimally-competent lawyers whom we can hand over to practice to complete their training. The university law school must help students form the habits and skills that will carry over to a lifetime of practice. Nothing could be more absurd than to neglect in education those practical matters that are necessary for a person's future calling.


2020 ◽  
Vol 5 (3) ◽  
pp. 63
Author(s):  
Samuel V. Jones

Today, law student safety is a serious but often missed objective in American law schools. According to a recent survey, the typical American family wants to know their law student is safe even more than they want their law student to acquire a first-rate legal academic experience. Despite the importance of law student mental health to student performance, and cultural objectives unique to legal education, law students are not only highly vulnerable to acquiring mental health challenges during law school but are prone to be overlooked, and perhaps blamed or condemned for their mental health challenges, albeit unintentionally. My work asserts that despite the chief objective of law schools being to educate knowledgeable, competent, legal professionals, and provide them with the necessary skills to resolve complex legal essentials for corporations and government, as well as advance social justice, and to promote equal treatment for all, inherent in the nature of legal education, is a seemingly widely accepted risk of compromising law student mental health. Relying on qualitative studies and journalistic reports, my work will demonstrate that law students experience high incidents of personal depression, anxiety, extreme sadness, loss of interest or desire, feelings of guilt or low self-esteem, disturbed sleep or appetite, low energy, poor concentration, and a myriad of other mental and physical calamities, all of which greatly exceeds that of the law faculty, and surpasses levels experienced by medical and graduate students at American schools of higher education. My work further acknowledges that law student anxiety and depression are inextricably linked to the rigorous academic demands of legal education. Still it argues and set forth that law student mental health is related to avoidable conditions and patterns in the law school environment that enable or fail to account for the law student’s inexperience with coping with intense stress, emotional uncertainty, geographical isolation from loved ones, strained financial resources, poor job prospects, family strife, drug or alcohol abuse, homelessness, or lack of a culturally responsive learning environment. Granted, the legal profession is not for everyone. My work argues that law schools cannot turn a blind eye to the plight of law students as if no degree of accountability and responsibility lies with the law school. Indeed, law schools, albeit unintentionally, may be some of the chief investors in patterns of conduct that compromise the physical, emotional, and mental safety of law students. Recognition of a law school’s duty to students, in my view, requires law schools to resist the rhetoric of self-exceptionalism. Law schools, have an obligation, reluctantly or not, to concretely curtail repeated patterns of professional abuse, neglect, dereliction of academic duties, social domination, and student exploitation, that are uniquely embedded in the culture of legal education. Simply put, law student safety needs, coupled with the intricacies and unforgiving consequences of today’s competitive legal job market and high cost of legal education, warrant that law schools resist the impulses that prioritize institutional-preservation and subordinate student mental health under the guise of teaching students the harsh realities of the legal profession and preparing them for legal practice. My work argues that student physical, emotional, mental and academic safety should, and must become a critical component of legal education.


2014 ◽  
Vol 2 (2) ◽  
pp. 215-245
Author(s):  
Jay Sterling Silver

At the end of Brian Tamanaha’s instant classic, Failing Law Schools, tracing the economic forces behind exorbitant law school tuition and graduate debt and unemployment, he lays out his plan to help resolve the crisis. He would eliminate tenure, dispense with the final year of law school, rely heavily on adjuncts and apprenticeships, and loosen the ABA accreditation standards mandating “one-size-fitsall” law schools to allow the marketplace to fashion more affordable models of legal education. Some schools would remain in the traditional, three-year mode, with faculty conducting research. Others would morph into, or spring up spontaneously as, the “law school parallel . . . of vocational colleges.” Very candidly, Tamanaha explained that the “two-year law schools . . . would be dumping grounds for the middle class and the poor . . . . Few children of the rich will end up in these law schools.” He calls the plan “‘differentiated’ legal education.” Others, including Paul Campos, founder of the Inside the Law School Scam web blog and author of Don’t Go To Law School (Unless), and the ABA Task Force (“Task Force”) on the Future of Legal Education, have endorsed Tamanaha’s prescription.


Author(s):  
Trish Karen Mundy

This paper discusses the partial findings from a research study involving a narrative analysis of in-depth interviews with twelve final year law students. The research explored student attitudes to, and perceptions of, legal practice in rural, regional and remote (RRR) communities – that is, their ’imagined experience’. The research findings suggests that, at least in the context of the non-regional law school, the rural/regional is both absent and ‘other’, revealing the ‘urban-centric’ nature of legal education and its failure to adequately expose students to rural and regional practice contexts that can help to positively shape their ‘imagined’ experience. This paper argues that all law schools must take up the challenge of rural inclusiveness by integrating a sense of ‘place-consciousness’ into the law curriculum.


1937 ◽  
Vol 6 (3) ◽  
pp. 260-273
Author(s):  
William Warren Sweet

Professional Schools in the United States, whether of medicine, law, engineering, or theology, are of relatively recent orgin. It is a matter of interest that the ministry was the first profession in America for which a technical and standardized training was provided. While the first law school in America was founded in the same year as the oldest theological seminary (1784), the courses were loosely organized and there was no definitely prescribed amount of work required of graduation and no academic requirement for the practice of law. In all the institutions where there were law departments or law schools, even as late as the middle of the last century, the law students were considered as distinctly inferior to the regular college students.


2016 ◽  
Author(s):  
Ira Steven Nathenson

In an influential 1996 article entitled Cyberspace and the Law of the Horse, Judge Frank Easterbrook mocked cyberlaw as a subject lacking in cohesion and therefore unworthy of inclusion in the law school curriculum. Responses to Easterbrook, most notably that of Lawrence Lessig in his 1999 article The Law of the Horse: What Cyberlaw Might Teach, have taken a theoretical approach. However, this Article — also appropriating the “Law of the Horse” moniker — concludes that Easterbrook’s challenge is primarily pedagogical, requiring a response keyed to whether cyberlaw ought to be taught in law schools. The Article concludes that despite Easterbrook’s concerns, cyberlaw presents a unique opportunity for legal educators to provide capstone learning experiences through role-playing simulations that unfold on the live Internet. In fact, cyberlaw is a subject particularly well-suited to learning through techniques that immerse students in the very technologies and networks that they are studying. In light of recommendations for educational reform contained in the recent studies Best Practices for Legal Education and the Carnegie Report, the Article examines the extent to which “Cybersimulations” are an ideal way for students to learn — in a holistic and immersive manner — legal doctrine, underlying theory, lawyering skills, and professional values. The Article further explains how the simulations were developed and provides guidance on how they can be created by others. The Article concludes with a direct response to Easterbrook, arguing that cyberlaw can indeed “illuminate” the entire law.


Khatulistiwa ◽  
2019 ◽  
Vol 9 (1) ◽  
pp. 116
Author(s):  
Ahmad Maulidizen ◽  
Asphia Sahida

Usul Fiqh is the basis of the science of jurisprudence, which acts as a foundation in determining the law, classification of arguments as well as situations and conditions behind the existence of arguments. In the discussion of the Usul fiqh there is al-Nahyu, which has the meaning of prohibition in doing something that is prohibited by the Shari'a. This article will discuss the concept of al-Nahyu and its implementation in establishing Islamic law. The purpose of this discussion is to understand the way in which Islamic law is determined in accordance with what has been stated by ushul fiqh scholars in understanding the Koran and Hadith. This article is a literature study that uses the method of collecting data in documentation that comes from related reference materials such as books, journals and others. Then it is analyzed deductively, inductively and comparatively. There are Devision of Prohibition: Nahi shows that the law commits prohibited acts unless there are indications that indicate other laws, a prohibition on showing a facade (damaged) of an act that is prohibited if done, Nahi shows haram, Nahi shows a ban on something, an order for his opponent, Nahi shows an absolute prohibition, Nahi shows the prohibition on worship, Nahi shows a ban in mu'amalah.


2021 ◽  
Vol 28 (2) ◽  
pp. 38-65
Author(s):  
K Rajashree ◽  
Sonika Bhardwaj

The law schools legal aid activities conducted through its clinics has come a long way in India especially since its inception in the early 1970’s. Its evolution has been gradual, intermittent and varied. Although The Bar Council of India (BCI) has mandated, establishing legal aid clinics as a pre-requisite for granting the necessary permissions before law schools start functioning, there are limited ideas of its purpose and objectives. An inherent lack of understanding its importance in terms of teaching, learning and research, the legal aid practices are largely left to the discretion of the individual law schools and interpretations of the individual faculty members. Combined with ideas heavily borrowed from the law schools in the US and individual experiences of the faculty members, legal aid practices in India are diversified. In the backdrop of this, the author intends to explore and map the aspiration of legal aid through an analysis of the key policy documents of legal education since India’s independence through an ontological framework. The ontology maps the aspirations of the legal aid clinics that was intended through these documents. Additionally, a case study of two important institutions have been taken as the case in point in order to verify whether the practices match such aspirations. Thereby, putting forth arguments that are critical for understanding the gaps between the aspiration and the state of reality. Key words: Legal aid Clinics, Law schools, Clinical, Legal education, Social justice


2004 ◽  
Vol 5 (3) ◽  
pp. 335-338 ◽  
Author(s):  
Larry Bakken

During the past decade many American law schools have identified and responded to the opportunity and necessity of training law students and lawyers for the challenges created by globalization. Opportunities are certainly available to schools with strong business, international trade and human rights programs. Opportunities are, however, also available to schools with interests and strengths in the newer disciplines such as conflict resolution, intellectual property and environment protection. Law schools which have ventured into global oriented training have recognized that the market is not simply a one-way-street for domestic students but also includes training of foreign law students and lawyers. Private foundations in the United States and abroad, foreign governments and our national government have helped finance foreign lawyer visits and training events throughout America. When international lawyers visit the United States, domestic law schools are involved as hosts, training sites, and sources of professional expertise. There has also been a simultaneous movement of domestic lawyers and law students through foreign law school programs and other study abroad opportunities. When all these international experiences are taken together one realizes the need for law schools to become more involved in the development and implementation of training and development of globally oriented legal education.


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