Remade in China: Rule of Law, Democracy, and the Chinese 12 Angry Men

Against the background of the growing effort in the Xi Jinping era to sinicize democracy and rule of law, much critical attention has surrounded Chinese models of governance variously conceived as “humane authority” and “political meritocracy.” What is missing from the literature on the export of the so-called “Chinese solution,” however, is the consideration of popular cultural products. This article takes as its case study the state-sponsored film 12 Citizens, the 2014 remake of the classic 12 Angry Men, most famously known in its 1957 version directed by Sidney Lumet and starring Henry Fonda. As there is no jury system in China, 12 Citizens instead presents the scenario as a law school mock trial on Anglo-American law, with crucial elements indigenized to the local setting. In one masterly maneuver after another, the remake overturns the democratic tenor of the original. Yet as a metanarrative about adaptation, the film reveals ambivalent attitudes not only toward the jury system and the West but also toward adaptation itself, open to an alternative interpretation in which the figure of the citizen, as a member of a political community actively engaged in public matters, precisely takes center stage. This ambivalence challenges the very concept of “Chinese characteristics.”

Should we reform the clinical negligence system in 2022?

John Tingle, Lecturer in Law, Birmingham Law School, University of Birmingham, looks forward to government deliberations and a report in 2022 on the reform of the clinical negligence compensation system

Medieval Bologna

The medieval period in Bologna spans from the end of the Gothic War in 553 ce to 1401, when Giovanni I Bentivoglio proclaimed himself signore of Bologna. After the Gothic War, in the mid-6th century, at first Etruscan and later Roman settlement of Bologna came within the sphere of influence of the Exarchate of Ravenna and subsequently in the hands first of the Carolingians and then of the kings of Italy (9th–10th centuries). The city was governed by a count, like the other regions under Carolingian dominion, and then by a duke. From the 10th and particularly the 11th century, a period of economic recovery, Bologna expanded beyond the city walls, with modest dwellings housing artisans who were moving in from the countryside. At the end of the 11th century, Bologna reached a turning point in its history, with the emergence of the university—in particular, the law school. In the following centuries, students converged on Bologna from all over Europe, and the city managed to meet the needs of large numbers of students. In the 12th century the merchants, artisans, and professional classes established an autonomous form of government, the commune. Together with the other cities of northern Italy, Bologna was part of the Lombard League, and it fought against the emperor Frederick Barbarossa, who laid claim to the government of the city. The city emerged from that conflict in a state of full autonomy. In the 1150s, the second circle of defenses was constructed, the Torresotti walls, but it proved to be inadequate. In the late 1220s, a much more extensive circle of defenses was constructed, which to this day marks the limits of the historic city center. During the 13th century, various forms of city government were adopted. At the beginning of the century the government was controlled by aristocrats and entrepreneurs, giving way to a popular government (Comune di Popolo) from the middle of the century. The political tensions between the various social strata gave rise to a period of insecurity, resulting in a government intended to safeguard the economy. Various forms of government were set up in the 14th century by internal and external rulers: the local Pepoli family, and Milan’s Visconti. But the greatest threat to Bologna’s autonomy was the papacy, and the regimes of Cardinal du Pouget, Cardinal legate Guillaume de Noellet. In 1376 there was a reassertion of the Commune.

Evaluation of a Scenario-Based Socratic Style of Teaching and Learning Practice

This chapter presents the central features of a knowledge-based system, evaluation method, which is deeply rooted to the principle of the Socratic style learning in law school. Software system evaluation is placed in the context of a hybrid legal intelligent tutoring system, Guidance for Business Merger and Acquisition (GBMA) process. The legal knowledge for GBMA is presented in two forms, as rules and previously decided cases. Besides distinguishing the two different forms of knowledge representation, the chapter outlines the actual use of these forms in a computational framework designed to generate a plausible solution for a given case by using rule-based reasoning (RBR) and case-based reasoning (CBR) in an integrated environment. The nature of the suitability assessment of a solution has been considered as a multiple-criteria decision-making process in GBMA evaluation. The evaluation was performed by a combination of discussions and questionnaires with different user groups in a scenario-based teaching and learning practice.

A Educação de Jovens e Adultos para adolescentes em conflito com a lei: a educação escolar na socioeducação

O escopo do presente estudo é identificar as articulações realizadas no campo da socioeducação para a efetivação da educação escolar, especialmente, no que se refere ao tipo de modalidade de ensino adotada pelas instituições que executam as medidas socioeducativas. As discussões aqui propostas são geradas a partir da busca do entendimento de três fios articuladores: a Educação de Jovens e Adultos (EJA), a socioeducação e a interseção entre estes dois. Para tanto, abordaremos a educação na socioeducação, a escolarização dos adolescentes privados de liberdade ao nível de Brasil e, principalmente, em nível estadual, com enfoque no Amazonas, e a escolha da EJA nesses contextos. Ademais, ao longo da discussão observaremos a incompatibilidade entre as idades de atendimento no sistema socioeducativo e na EJA e, ainda, a inexistência de critérios de avaliação no processo de seleção de profissionais, que levem em consideração o perfil, a formação e qualificação específicos para atuarem diante das particularidades desse público e do espaço em questão. Afinal, a educação sistemática e assistemática, formal ou não formal, se constitui como fator preponderante no processo de socioeducação.Palavras-chave: Sistema socioeducativo; Educação escolar; Educação de Jovens e Adultos (EJA).Youth and Adult Education for adolescents in conflict with the law: school education in socioeducationABSTRACTThe scope of this study is to identify the articulations made in the field of socioeducation for the implementation of school education, especially regarding the type of education modality adopted by the institutions that carry out the socioeducational measures. The discussions proposed here are generated from the search for the understanding of three connecting threads: Youth and Adult Education (YAE), socioeducation, and the intersection between these two. To do so, we will address education in socioeducation, the schooling of adolescents deprived of their freedom in Brazil, and especially in the state of Amazonas, and the choice of Youth and Adult Education (EJA) in these contexts. Moreover, throughout the discussion, we will observe the incompatibility between the ages of attendance in the socioeducational system and in the EJA, also, the inexistence of evaluation criteria in the process of selection of professionals, that take into consideration the profile, the specific training and qualification to act before the particularities of this public, and of the space in question. After all, systematic and non-systematic education, formal or non-formal, constitutes a preponderant factor in the process of socio-education.Keywords: Socio-Educational system; School education; Youth and Adult Education (YAE).Educación de Jóvenes y Adultos para adolescentes en conflicto con la ley: la educación escolar en la socioeducaciónRESUMENEl objetivo de este estudio es identificar las articulaciones realizadas en el ámbito de la socioeducación para la eficacia de la educación escolar, especialmente en lo que respecta al tipo de modalidad educativa adoptada por las instituciones que llevan a cabo las medidas socioeducativas. Las discusiones aquí propuestas se generan a partir de la búsqueda de la comprensión de tres hilos conductores: la Educación de Jóvenes y Adultos (EPJA), la socioeducación y la intersección entre ambas. Para ello, se abordará la educación en la socioeducación, la escolarización de los adolescentes privados de libertad en Brasil, y especialmente a nivel estatal con un enfoque en Amazonas, y la elección de la EJA) en estos contextos. Además, a lo largo de la discusión, observaremos la incompatibilidad entre las edades de atención en el sistema socioeducativo y en la EJA y también la ausencia de criterios de evaluación en el proceso de selección de profesionales, que tengan en cuenta el perfil, la formación específica y la cualificación para actuar ante las particularidades de este público, y el espacio en cuestión. Al fin y al cabo, la educación sistemática y no sistemática, formal o no formal, se constituye como un factor preponderante en el proceso de socioeducación. Palabras clave: Sistema socioeducativo; Educación escolar. Educación de Jóvenes y Adultos (EPJA).

Clinical Legal Education in Belarus: Practice-Oriented Pedagogy for Socially Engaged Law Students

The paper analyzes the evolution and changes involving clinical legal education (CLE) in Belarus. The author tends to create a historical overview of the 22 years’ experience of clinical legal education in Belarus. It will be possible to answer some questions mostly based on the inside view and 12 years of clinical experience with goals to bring some inspiration in a global context and to leave a mark on history. It focused on the new role embraced by legal clinics in Belarus and contribution to the creation of a new formation of legal practitioners. Additionally, the author shares the technological insights about clinical legal education. Thinking about the future it is important to make an overview of achievements and opportunities of going forwards. There is a great number of opportunities to implement clinical methodology to both academic studies and professional training. The research problem addressed in this paper is to substantiate the most effective forms and methods of teaching law disciplines both in Russian and in English in a law school in the context of introduction of digital forms of learning into traditional educational environment of a law school. The author carries out an analytical review of law clinics in historical perspective and how the work of law clinics is implemented in both academic curricula and professional training in Belarus.

Emotional Intelligence in Law Students: Relevance of Development

The article focuses on the need for the development of emotional intelligence as the most important quality of professional competence of a future legal specialist, manifested in personality-oriented activities. The authors provide an in-depth analysis of the literature on the topic and describe the results of their empirical research that reveals the level of emotional intelligence of law school students. The results obtained allow us to conclude that the development of emotional intelligence denotes the ability to be aware of one’s emotions, recognize the emotions of other people, manage their emotional states, allow a law student not only to successfully adapt to environmental conditions, constructively build interpersonal interaction, but also effectively manage difficult life situations, to successfully cope with various life difficulties. The listed qualities then become the basis of his successful professional activity. Current terms of remote study process and work create new challenges for testing the emotional intelligence. The authors suggest ways of solving the problem of emotional intelligence development in modern conditions.

Methodology of Teaching Law Disciplines in Russian and English to Law Students: A Digital Form and Traditional Content

The research problem addressed in this paper is to substantiate the most optimal forms and methods of teaching the law disciplines both in Russian and in English in a law school in the context of the introduction of digital forms of learning into traditional educational environment of a law school. The research applies the methods of the concept of professional training in advocacy. Professional training in advocacy is one of the practice-oriented areas of advocacy that includes the methodology of training students in a law school covering the statistical method, systematic method, historical and legal method, method of participatory observation, method of analysis and synthesis. The paper describes new areas of work and new opportunities that have become available to students in 2020–2021, including new master’s programs and additional in-person and online courses of students’ practice-oriented training. The paper examines how students of Kutafin Moscow State Law University (MSAL) can acquire necessary knowledge and practice skills in order to pass the qualification examination for the status of an advocate and be able to practice law in the Russian Federation and abroad. The authors of the paper believe that the development of digital technologies has made it possible to move to a qualitatively new level of teaching. Along with classical teaching methods, the faculty have started implementing digital technologies in the learning process, focusing on practice-oriented types of work, including practice-oriented projects. A partial transition to distance learning has contributed to creation and development of the common educational environment that will enable international cooperation in student education and development of other digital environments, such as an integrated information system for the Russian Advocacy as well.

Downsizing Teaching: The Case for Seminars as the Backbone of Law Degrees

This article is aimed at contributing to the ongoing debate on the purpose of law school and the work of law teachers, calling for a scholarship-based approach to teaching, centred on culture, research and method and advocating for seminars to replace lectures as the core method of teaching delivery in law schools. The article addresses, under this perspective, the salient elements of legal education: the philosophy of a teacher, the function of lectures and seminars, the problem of the time necessary to gain the required preparation, the importance of reading and the role played by assessment in the economy of a law degree. It is argued that teaching delivery methods should be the subject of constant reflection, and that the drafting of law school curricula should aim at cultivating the intellectual abilities and curiosity of law students, focussing on their education rather than their mere instruction.