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Artikel

Access_open Educating the Legal Imagination. Special Issue on Active Learning and Teaching in Legal Education

Journal Law and Method, October 2018
Keywords imagination, artefact, active learners, metaphors
Authors Maksymilian Del Mar
AbstractAuthor's information

    This paper presents a basic model of the imagination and offers pedagogical resources and activities for educating three related abilities to imagine. The basic model is that to imagine is to combine the process of awareness, framing and distancing, and the process of, simultaneously actively participate, by doing things with and thanks to artefacts. Artefacts, in turn, are fabricated forms (here, forms of language) that signal their own artifice and invite us to do things with them, across a spectrum of sensory, kinetic, and affective abilities. Modelled in this way, imagination plays a crucial role in legal reasoning, and is exemplified by the following kinds of artefacts in legal discourse: fictions, metaphors, hypothetical scenarios and figuration. These artefacts and their related processes of imagination are vital to legal reasoning at many levels, including the level of the individual lawyer or judge, the level of interaction in courtrooms, and the level of legal language over time. The paper offers nine learning activities corresponding to educating three abilities in the legal context: 1) to take epistemic distance and participate; 2) to generate alternatives and possibilities; and 3) to construct mental imagery.


Maksymilian Del Mar
Department of Law, Queen Mary University of London.
Artikel

Access_open Skeptical Legal Education

How to Develop a Critical Attitude?

Journal Law and Method, February 2013
Keywords academic learning, skepticism, Oakeshott, judgment, Critique
Authors Bart van Klink and Bald de Vries
AbstractAuthor's information

    Law teachers at the university want students to develop a critical attitude. But what exactly does it mean to be critical and why is it important to be critical? How can a critical attitude be promoted? In this article we intend to elucidate the role that critical thinking may play in legal education. We will introduce the idea of skeptical legal education, which is to a large extent based on Michael Oakeshott’s understanding of liberal learning but which relativizes its insistence on the non-instrumentality of learning and reinforces its critical potential. Subsequently, the article presents a teaching experiment, where students, based on self-organization, study and discuss basic texts in order to encourage critical thinking.


Bart van Klink
Bart van Klink is professor of Legal Methodology at VU University Amsterdam and head of the Department of Legal Theory and Legal History at VU University Amsterdam.

Bald de Vries
Ulbaldus de Vries is lecturer of Legal Theory at the Department of administrative and constitutional law and jurisprudence at the Faculty of law, Utrecht University. He is a founding-member of the Working Group on Reflexive Modernisation and Law.
Artikel

Access_open The Role of Hierarchy, Example, and Language in Learning

A Confrontation between a Liberal and a ‘Critical’ Understanding of Legal Education

Journal Law and Method, January 2013
Keywords skeptical legal education, academic learning, Critique, Knowledge, CLS, liberalism, power
Authors Bart van Klink
AbstractAuthor's information

    In The Voice of Liberal Learning, Michael Oakeshott characterizes learning as a strictly non-instrumental activity. In schools and universities, knowledge is acquired for its own sake. Obviously, this liberal understanding of education differs fundamentally from a ‘critical’ notion of education as advocated by Duncan Kennedy and other members of the CLS movement. From a ‘critical’ perspective, Oakeshott’s conception may be seen as yet another attempt – typical for liberalism and conservatism alike – to depoliticize the process of knowledge production and reproduction and to conceal (and thereby to strengthen and legitimize) its effects on the distribution of power, wealth, status and so forth in society. In this paper, the author will confront both views with each other, especially within the context of legal education. The general purpose is to develop a notion of skeptical legal education, which is to a large extent based on Oakeshott’s understanding of liberal learning but which relativizes its insistence on the non-instrumentality of learning and reinforces its critical potential.


Bart van Klink
Bart van Klink is professor of Legal Methodology at VU University Amsterdam and head of the Department of Legal Theory and Legal History at VU University Amsterdam.
Artikel

Access_open The Theory and Practice of Teaching and Guiding Legal Research Skills

Journal Law and Method, January 2011
Keywords legal education, legal research skills, legal research methods, Utrecht School of Law
Authors Ian Curry-Sumner and Marieke van der Schaaf
AbstractAuthor's information

    The aim of this article is to present a case study of the development process and its underlying theoretical fundaments of a research skills line in the law degree programme. Broader educational purposes of the article are to give managers and lecturers of law schools suggestions for implementing research skills in their curriculum. Accordingly, the article is aimed at stimulating students’ research skills. This article will discuss the background to the decisions that were made in the Utrecht School of Law, then discuss the ultimate end result, namely the implementation of a new research skills line and the publication of a standard research skills instruction. Furthermore, each section will commence with a brief outline of the theoretical framework, followed by an explanation of how this theory has been practically implemented in the Bachelor of Law in Utrecht.


Ian Curry-Sumner
Dr. Ian Curry-Sumner is als senior universitair docent verbonden aan het Molengraaff instituut voor privaatrecht (Universiteit Utrecht). Ook is hij coördinator van het research skills-project in Utrecht. Recentelijk publiceerde hij Research Skills: Instruction for Lawyers samen met F. Kristen, T. van der Linden-Smith en H. Tigchelaar.

Marieke van der Schaaf
Dr. Marieke van der Schaaf is universitair docent aan de Faculteit der Sociale Wetenschappen van de Universiteit Utrecht.
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