Aspiration and Reality in Legal Education
Aspiration and Reality in Legal Education

Author: David Sandomierski

Publisher: University of Toronto Press

Published: 2020-02-24

Total Pages: 403

ISBN-13: 1487533004

DOWNLOAD EBOOK

Contrary to conventional narratives about legal education, Aspiration and Reality in Legal Education reveals a widespread desire among law teachers to integrate both theory and practice into the education of versatile and civic-minded lawyers. Despite this stated desire, however, this aspiration is largely unrealized due to a host of intellectual and institutional factors that produce a profound gap between what professors believe about law and the ideas they communicate through their teaching. Drawing on interviews with over sixty law professors in Canada, David Sandomierski makes two important empirical discoveries in this book. First, he establishes that, contrary to a dominant narrative in legal education that conceives of theory and practice as oppositional, the vast majority of law professors consider theory to be vitally important in preparing "better lawyers." Second, he uncovers a significant gap between the realist theoretical commitments held by a majority of professors and the formalist theories they almost uniformly convey through their teaching and conceptions of legal reasoning. Understanding the intellectual and institutional factors that account for these tensions, Sandomierski argues, is essential for any meaningful project of legal education reform.

American Legal Education Abroad
American Legal Education Abroad

Author: Susan Bartie

Publisher: NYU Press

Published: 2021-07-06

Total Pages: 421

ISBN-13: 1479803642

DOWNLOAD EBOOK

A critical history of the Americanization of legal education in fourteen countries The second half of the twentieth century witnessed the export of American power—both hard and soft—throughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally. Editors Susan Bartie and David Sandomierski and their contributors suggest that to understand legal education and to respond thoughtfully to the mounting present-day challenges, it is essential to look beyond a particular region and consider not only the ideas behind legal education but also the broader historical, political, and cultural factors that have shaped them. American Legal Education Abroad begins with an important foundational history by leading Harvard Law School historian Bruce Kimball, who explains the factors that created a transportable American legal model, and the book concludes with reflections from two prominent American law professors, Susan Carle and Bob Gordon, whose observations on recent disruptions within US law schools suggest that their influence within the global order of legal education may soon fall into further decline. This book should be considered an invaluable resource for anyone in the field of law.

Power, Legal Education, and Law School Cultures
Power, Legal Education, and Law School Cultures

Author: Meera Deo

Publisher: Routledge

Published: 2019-10-10

Total Pages: 225

ISBN-13: 0429533918

DOWNLOAD EBOOK

There is a myth that lingers around legal education in many democracies. That myth would have us believe that law students are admitted and then succeed based on raw merit, and that law schools are neutral settings in which professors (also selected and promoted based on merit) use their expertise to train those students to become lawyers. Based on original, empirical research, this book investigates this myth from myriad perspectives, diverse settings, and in different nations, revealing that hierarchies of power and cultural norms shape and maintain inequities in legal education. Embedded within law school cultures are assumptions that also stymie efforts at reform. The book examines hidden pedagogical messages, showing how presumptions about theory’s relation to practice are refracted through the obfuscating lens of curricula. The contributors also tackle questions of class and market as they affect law training. Finally, this collection examines how structural barriers replicate injustice even within institutions representing themselves as democratic and open, revealing common dynamics across cultural and institutional forms. The chapters speak to similar issues and to one another about the influence of context, images of law and lawyers, the political economy of legal education, and the agency of students and faculty.

American Legal Education Abroad
American Legal Education Abroad

Author: Susan Bartie

Publisher: NYU Press

Published: 2021-07-06

Total Pages: 421

ISBN-13: 1479803588

DOWNLOAD EBOOK

A critical history of the Americanization of legal education in fourteen countries The second half of the twentieth century witnessed the export of American power—both hard and soft—throughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism. Collectively, these studies challenge the conventional wisdom that American ideas and practices have dominated globally. Editors Susan Bartie and David Sandomierski and their contributors suggest that to understand legal education and to respond thoughtfully to the mounting present-day challenges, it is essential to look beyond a particular region and consider not only the ideas behind legal education but also the broader historical, political, and cultural factors that have shaped them. American Legal Education Abroad begins with an important foundational history by leading Harvard Law School historian Bruce Kimball, who explains the factors that created a transportable American legal model, and the book concludes with reflections from two prominent American law professors, Susan Carle and Bob Gordon, whose observations on recent disruptions within US law schools suggest that their influence within the global order of legal education may soon fall into further decline. This book should be considered an invaluable resource for anyone in the field of law.

Aspiration
Aspiration

Author: Agnes Callard

Publisher: Oxford University Press

Published: 2018-03-01

Total Pages: 303

ISBN-13: 0190639504

DOWNLOAD EBOOK

Becoming someone is a learning process; and what we learn is the new values around which, if we succeed, our lives will come to turn. Agents transform themselves in the process of, for example, becoming parents, embarking on careers, or acquiring a passion for music or politics. How can such activity be rational, if the reason for engaging in the relevant pursuit is only available to the person one will become? How is it psychologically possible to feel the attraction of a form of concern that is not yet one's own? How can the work done to arrive at the finish line be ascribed to one who doesn't (really) know what one is doing, or why one is doing it? In Aspiration, Agnes Callard asserts that these questions belong to the theory of aspiration. Aspirants are motivated by proleptic reasons, acknowledged defective versions of the reasons they expect to eventually grasp. The psychology of such a transformation is marked by intrinsic conflict between their old point of view on value and the one they are trying to acquire. They cannot adjudicate this conflict by deliberating or choosing or deciding-rather, they resolve it by working to see the world in a new way. This work has a teleological structure: by modeling oneself on the person he or she is trying to be, the aspirant brings that person into being. Because it is open to us to engage in an activity of self-creation, we are responsible for having become the kinds of people we are.

Encounters with Constitutional Interpretation and Legal Education
Encounters with Constitutional Interpretation and Legal Education

Author: James Stellios

Publisher:

Published: 2018-02-19

Total Pages: 240

ISBN-13: 9781760021627

DOWNLOAD EBOOK

What do constitutional interpretation and legal education have in common?For one thing, they share the same tension between theory and practice, between form and substance, between process and outcomes, between constancy and change, and between local and comparative perspectives. Each also has a substratum of fundamental underlying values that demand, but do not always receive, clear articulation.For another thing, they have both been the subject of illuminating examination by Michael Coper over the course of a long and distinguished career.An extraordinary group of authors, including Justice Stephen Gageler, the Hon Michael Kirby and Sir Anthony Mason, come together in this book to celebrate Coper's achievement, and take his various contributions as a jumping off point for their own further scholarly insights.From the gripping story of the revolution that swept away the old law on section 92 of the Constitution, to the endemic conflict in the judicial process between legalism and realism, to the never-ending controversy about the Dismissal, to perceiving the world and organising legal knowledge in new ways through biography and oral history, to the role of educators in shaping the views and values of newcomers to this knowledge, this book contains over a dozen sparkling essays by some of Australia's most renowned and respected lawyers, as well as a substantial reflective commentary by Michael Coper himself.An intellectual feast!

The Language of Law School
The Language of Law School

Author: Elizabeth Mertz

Publisher: Oxford University Press

Published: 2007-02-03

Total Pages: 327

ISBN-13: 0195346092

DOWNLOAD EBOOK

In this linguistic study of law school education, Mertz shows how law professors employ the Socratic method between teacher and student, forcing the student to shift away from moral and emotional terms in thinking about conflict, toward frameworks of legal authority instead.