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This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
Leadership includes the ability to persuade others to embrace one’s ideas and to act upon them. Teaching law students the art of persuasion through advocacy is at the heart of legal education. But historically law schools have not included leadership studies in the curriculum. This book is one of the first to examine whether and how to integrate the theory and practice of leadership studies into legal education and the legal profession. Interdisciplinary in its scope, with contributions from legal educators and practitioners, the book defines leadership in the context of the legal profession and explores its challenges in legal academia, private practice, and government. It also investigat...
Lawyering Skills and the Legal Process bridges the gap between academic and practical law for students undertaking skills-based and clinical legal education courses at university. It develops oral and written communication, group working, problem solving and conflict resolution skills in a range of legal contexts: client interviewing, drafting, managing cases, legal negotiation and advocacy. The book is designed specifically to help students to practise and develop skills that will be essential in a range of occupations; develop a deeper understanding of the English legal process and the lawyer s role in that process; enhance their understanding of the relationship between legal skills and ethics; and understand how they learn and how they can make their learning more effective. This book provides a stimulating, accessible and challenging approach to understanding the problems and uncertainties of practising law that goes beyond the standard approaches to lawyers skills.
As one of the ’learned’ professions requiring advanced learning and high principles, law enjoys a special standing in society. In return for its status and rank, the legal profession is expected to exhibit the highest levels of honesty, trust and morality, the very values which underpin the legal system itself. This, in turn, entrusts to legal education a particular problem of addressing, not only the substantive elements of the body of law, but a means through which the characteristics of the ’calling’ of law are imparted and instilled. At a time when the very essence of the legal profession is under threat, this book calls for a realignment of the legal curriculum and pedagogies so as to emphasise the development of culture over industry; character over eloquence; and calling over skill. Chapters are grouped around the core content and key themes of Curiosity, Calling, Character and Conscientiousness, Contract, and Culture. The volume includes contributions from leading experts, drawn internationally and from other professional disciplines in order to present alternative approaches aimed at tackling common issues, providing insight, and provoking debate.
In Western culture, law is dominated by textual representation. Lawyers, academics and law students live and work in a textual world where the written word is law and law is interpreted largely within written and printed discourse. Is it possible, however, to understand and learn law differently? Could modes of knowing, feeling, memory and expectation commonly present in the Arts enable a deeper understanding of law's discourse and practice? If so, how might that work for students, lawyers and academics in the classroom, and in continuing professional development? Bringing together scholars, legal practitioners internationally from the fields of legal education, legal theory, theatre, archit...
The place of emotion in legal education is rarely discussed or analysed, and we do not have to seek far for the reasons. The difficulty of interdisciplinary research, the technicisation of legal education itself, the view that affect is irrational and antithetical to core western ideals of rationality – all this has made the subject of emotion in legal education invisible. Yet the educational literature on emotion proves how essential it is to student learning and to the professional lives of teachers. This text, the first full-length book study of the subject, seeks to make emotion a central topic of research for legal educators, and restore the power of emotion in our teaching and learni...
What role can resources that go beyond text play in the development of moral education in law schools and law firms? How can these resources - especially those from the visual and performing arts - nourish the imagination needed to confront the ethical complexities of particular situations? This book asks and answers these questions, thereby introducing radically new resources for law schools and law firms committed to fighting against the moral complacency that can all too often creep into the life of the law. The chapters in this volume build on the companion volume, The Arts and the Legal Academy, also published by Ashgate, which focuses on the role of non-textual resources in legal education generally. Concentrating in particular on the moral dimension of legal education, the contributors to this volume include a wide range of theorists and leading legal educators from the UK and the US.
Globally, the methodologies of legal education have not changed in any fundamental way, some methods dating back hundreds of years. Law schools have relied, for too long, on passive learning methods such as lectures or cases. Clinical legal education provides an alternative that is more than just another pedagogical method. It provides a way for students to experience their emerging professional selves, while providing services or projects with poor and underrepresented clients. This book documents both the historical origins of clinical experiments in the earliest days of US university legal education, and the now-global reach of clinical pedagogy as a proven tool for effective training of legal professionals.
Effective Learning and Teaching in Law will provide all law teaching professionals with practical, authoritative guidance and advice on the successful teaching of their subject in both university settings and as part of professional training and practice. Written to promote the development of and recognition of the professional role of the law teacher, this book will help educators equip law students of law with the intellectual and practical skills required to succeed in their studies. Key coverage includes assessment, the design and planning of learning activities, the use of IT in legal education and developing suitable learning environments. The book is edited by a leading team of legal educators for the UK Centre for Legal Education (UKCLE) at the University of Warwick, and includes expert contributions from leading figures in the field. It will be essential reading for anyone involved with legal education today and will be particularly relevant for those developing their teaching career, or seeking professional accreditation.
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