Slideset for HEA Law Summit, Loughborough, January 2014

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Slideset for HEA Law Summit, Loughborough, January 2014

  1. 1. The wrong story: regulation, innovation and research in the future of legal education Professor Paul Maharg Australian National University College of Law http://paulmaharg.com/slides/
  2. 2. preview 1. Avoid technification Regulation easily erodes into technification of regulation: we need to resist that. 2. Renew learning spaces Adopt fresh approaches that can improve regulation and the quality of legal education - focus on experiential learning. 3. Re-design relations Shape the future with regulators, redesign relations between academy & profession, recast curriculum design, learn & implement from other disciplines, professions, jurisdictions. 4. Map and improve legal educational research Many gaps; almost no organized research programmes; insufficient historical understanding of sub-disciplines and practices; little shared understanding across the field. 2
  3. 3. 2. Renew learning spaces Adopt fresh approaches that can improve regulation and the quality of legal education focus on experiential learning. 3
  4. 4. 2 renew learning spaces Legal Education & Training Review (LETR) 4
  5. 5. 2 renew learning spaces remit Address the following issues: 1. 2. 3. 4. 5. 6. 7. What are the skills/knowledge/experience currently required by the legal services sector? What skills/knowledge/experience will be required by the legal services sector in 2020? What kind of legal education and training (LET) system(s) will deliver the regulatory objectives of the Legal Services Act 2007? What kind of LET system(s) will promote flexibility, social mobility and diversity? What will be required to ensure the responsiveness of the LET system to emerging needs? What scope is there to move towards sector-wide outcomes/activitybased regulation? What need is there (if any) for extension of regulation to currently non-regulated groups? 5
  6. 6. 2 1. 2. 3. 4. 5. 6. 7. renew learning spaces remit What are the skills/knowledge/experience currently required by the legal services sector? What skills/knowledge/experience will be required by the legal services sector in 2020? What kind of legal education and training (LET) system(s) will deliver the regulatory objectives of the Legal Services Act 2007? What kind of LET system(s) will promote flexibility, social mobility and diversity? What will be required to ensure the responsiveness of the LET system to emerging needs? What scope is there to move towards sector-wide outcomes/activitybased regulation? What need is there (if any) for extension of regulation to currently non-regulated groups? See esp Lit Rev, chapter 3, ‘Legal education and conduct of business requirements’, http://letr.org.uk/wp-content/uploads/LR-chapter-3.pdf 6
  7. 7. 2 renew learning spaces eg technology / curriculum innovations required 1. Information management Better, more powerful and social platforms, enabling visualisation & sharing of legal data. 2. Managing voice, register and genre on digital platforms Focus on a post-digital Ciceronian rhetoric 3. Make legal research and problem-based learning & experiential learning meaningful eg by use of sims, clinic, PBL, breaching the ‘fourth wall’ of the law school, and many more 4. Socialising processes in relational spaces Create a zone, where students can discuss and reflect on their work, try out identities that are at once professional & personal, make mistakes or learn from others’ mistakes, and learn how to communicate consistently & accurately with colleagues, in any register. 7
  8. 8. Transactional learning, example 1 8
  9. 9. https://wiki.mozilla.org/Learning/WebLiteracyStandard 9
  10. 10. [link to: voice-over on VOS by Anneka Ferguson, Legal Workshop, ANU] 10 Transactional learning, example 2 Transactional learning @ ANU
  11. 11. 3. Re-design relations Shape the future with regulators, redesign relations between academy & profession, recast curriculum design, learn & implement from other disciplines, professions, jurisdictions. 11
  12. 12. 3 redesign relations conceptual change in law school identity ‘Wisdom is not the only virtue that is having a poor time of it in the modern university. Patience, humility, generosity, perseverance, thoroughness, carefulness, quietness: these might once have been felt to be signs of a strength of character. No longer. In an age of self-promotion, selfpresentation, visibility, efficiency, work-rate, personal performance indicators and sheer competitiveness, character traits such as these come to be seen as signs of personal weakness.’ Barnett, 1994, 151–2 12
  13. 13. 3 redesign relations conceptual change in law school identity ‘Now is your time to begin Practices and lay the Foundation of habits that may be of use to you in every Condition and in every Profession at least that is founded on a literary or a Liberal Education. Sapere and Fari quae sentiat are the great Objects of Literary Education and of Study. ... mere knowledge however important is far from being the only or most important attainment of study. The habits of Justice, Candour, Benevolence, and a Courageous Spirit are the first objects of Philosophy, the constituents of happiness and of personal honour, and the first Qualifications for human Society and for Active Life.’ Adam Ferguson, Lectures, 1775-6, MSS, University of Edinburgh 13
  14. 14. 3 redesign relations regulatory relationships Colin Scott’s approach:  ‘a more fruitful approach would be to seek to understand where the capacities lie within the existing regimes, and perhaps to strengthen those which appear to pull in the right direction and seek to inhibit those that pull in the wrong way’  ‘meta-review’: ‘all social and economic spheres in which governments or others might have an interest in controlling already have within mechanisms of steering – whether through hierarchy, competition, community, design or some combination thereof’ (2008, 27). 14
  15. 15. Norms Feedback Behavioural modification Example Hierarchical Legal Rules Monitoring Powers/Dutie s Legal Sanctions Classic Contractual Agency Model Rule-making & Enforcement Competition Price / Quality Ratio Outcomes of Competition Striving to Perform Better Markets Community Social Norms Social Observation Social Villages, Sanctions, eg Clubs Ostracization Professional Ordering Design Fixed with Architecture Lack of Response Physical Inhibition Software Code Parking Bollards Variant Promotion Systems Modalities of control (Murray & Scott 2002) 15
  16. 16. 3 redesign relations regulatory alternatives? Shared spaces concept in traffic zones:  Redistributes risk among road users  Treats road users as responsible, imaginative, human  Holds that environment is a stronger influence on behaviour than formal rules & legislation. ‘All those signs are saying to cars, “this is your space, and we have organized your behaviour so that as long as you behave this way, nothing can happen to you.” That is the wrong story.’ Hans Monderman, http://www.pps.org/reference/hans-monderman/ Drachten, Laweiplein, Netherlands – Thanx to Fietsberaad ,http://bit.ly/1dOwpRA 16
  17. 17. 3 redesign relations participative regulation  Portrait of the regulator as democratic designer:      Not QA but QE – Quality Enhancer, to focus on culture shifts towards innovation, imagination, change for a democratic society A hub of creativity, shared research, shared practices & guardian of debate around that hub Initiating cycles of funding, research, feedback, feedforward Archive of ed tech memory in the discipline Founder of interdisciplinary, inter-professional trading zones, for cross-disciplinary learning [link to: 17 http://www.youtube.com/watch?v=Hz2HGLbA9Nw]
  18. 18. 3 LETR recommendation redesign relations Recommendation 25
A body, the ‘Legal Education Council’, should be established to provide a forum for the coordination of the continuing review of LSET and to advise the approved regulators on LSET regulation and effective practice. The Council should also oversee a collaborative hub of legal information resources and activities able to perform the following functions:  Data archive (including diversity monitoring and evaluation of diversity initiatives);  Advice shop (careers information);  Legal Education Laboratory (supporting collaborative research and development);  Clearing house (advertising work experience; advising on transfer regulations and reviewing disputed transfer decisions). 18
  19. 19. 4. Map and improve legal educational research Many gaps; almost no organized research programmes; insufficient historical understanding of sub-disciplines and practices; little shared understanding across the field. 19
  20. 20. 4 improve research future research needs? 1. Map the field & create taxonomies for research data 2. Organise systematic data collection on law school stats across entry/exit points, across jurisdictions (eg using Big Data Project methods) 20
  21. 21. 4 improve research future research needs? 3. Focus on learning, not NSS league tables – see US LSSSE… 4. Provide meta-reviews and systematic summaries of research, where appropriate 21
  22. 22. 4 improve research how might HEA contribute to this? 1. Targeted funding for research initiatives, eg Cochrane Collaboration type of initiative 2. Funding & admin support to start-up and analyze innovation – eg PBL, public education in law, legal informatics, data visualization, etc 3. Financial & other support to enable round table meetings with regulators and comparative work with other jurisdictions – globally 4. Creation and maintenance of a digital hub. 22
  23. 23. references Barnett, R. (1994). The Limits of Competence. Knowledge, Higher Education and Society, Buckingham: Open University Press. Hamilton-Baillie, B. (2008). Shared space: reconciling people, places and traffic. Build Environment, 34, 2, 161-81. Legal Education & Training Review Report (2013). Available at: http://letr.org.uk Monderman, H. (n.d.) http://www.pps.org/reference/hans-monderman/ Murray, A., Scott, C. (2002). Controlling the new media: hybrid responses to new forms of power. Modern Law Review, 65, 4, 491-516. Scott, C. (2008) Regulating Everything. UCD Geary Institute Discussion Paper Series, Inaugural Lecture, 26 February. 23
  24. 24. Email: Web: paul.maharg@anu.edu.au paulmaharg.com 24

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