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A Handbook for Teaching and Learning in Higher Education Enhancing academic and Practice

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<strong>Teach<strong>in</strong>g</strong> <strong>in</strong> the discipl<strong>in</strong>es<br />

Interrogat<strong>in</strong>g practice<br />

How do you ensure that the knowledge <strong>and</strong> skills identified <strong>in</strong> the Benchmark<br />

Statement are developed <strong>and</strong> demonstrated?<br />

Resourc<strong>in</strong>g the law school<br />

Law regularly attracts a high number of applications to university, <strong>in</strong>clud<strong>in</strong>g large<br />

numbers of overseas students, mak<strong>in</strong>g it a profitable source of <strong>in</strong>come <strong>for</strong> <strong>in</strong>stitutions.<br />

However, despite this, law schools do not f<strong>in</strong>d themselves well resourced. Vicechancellors<br />

have had a tendency to view law as a ‘cash cow’, underwrit<strong>in</strong>g less popular<br />

<strong>and</strong> more resource-<strong>in</strong>tensive discipl<strong>in</strong>e areas. Institutions persist <strong>in</strong> see<strong>in</strong>g law as<br />

primarily text based, with teach<strong>in</strong>g delivered us<strong>in</strong>g the traditional lecture <strong>and</strong><br />

tutorial/sem<strong>in</strong>ar <strong>for</strong>mat. Law schools have repeatedly argued that be<strong>in</strong>g regarded as a<br />

‘cheap’ subject to resource has unfairly disadvanted the creative development of law<br />

teach<strong>in</strong>g (see e.g. Directions <strong>in</strong> Legal <strong>Education</strong>, 2004). But they have also been complicit<br />

<strong>in</strong> the perpetuation of the status quo by fail<strong>in</strong>g consistently to articulate an alternative<br />

vision. Nevertheless, at a discipl<strong>in</strong>e level, <strong>in</strong>novations do exist, with significant<br />

developments <strong>in</strong> e-learn<strong>in</strong>g <strong>and</strong> cl<strong>in</strong>ical legal education among the successes. Both of<br />

these, however, may need additional specialist skills or resources to establish effectively.<br />

The examples given below show how learn<strong>in</strong>g can be taken beyond the conf<strong>in</strong>es of the<br />

lecture <strong>and</strong> tutorial with<strong>in</strong> a more conventional skills/resource envelope. This is not to<br />

doubt that law schools need to push <strong>for</strong> a higher unit of resource. To be successful,<br />

however, they need evidence that practices are chang<strong>in</strong>g <strong>and</strong> that there is a clear<br />

pedagogical case <strong>for</strong> more diverse learn<strong>in</strong>g environments.<br />

Widen<strong>in</strong>g access<br />

There are serious questions to be addressed by both law schools <strong>and</strong> vocational tra<strong>in</strong><strong>in</strong>g<br />

providers about fair access to legal study. L<strong>in</strong>ked to the government’s drive to widen<br />

participation <strong>in</strong> higher education, the pressure on law schools as a whole to admit more<br />

students from more diverse backgrounds is <strong>in</strong>tense, if differentially applied. There is no<br />

doubt that, overall, it is law schools <strong>in</strong> the post-92 <strong>in</strong>stitutions that have admitted higher<br />

student numbers <strong>in</strong> recent years. The pre-92 <strong>in</strong>stitutions that are able to select rather than<br />

recruit their students have had the scope to f<strong>in</strong>d other mechanisms <strong>for</strong> identify<strong>in</strong>g those<br />

best suited to legal study. An example is the establishment of the Law National<br />

Admissions Test as a supplement to A Level results, which is now used as part of the<br />

admissions process by ten pre-92 university law schools. Even so, <strong>in</strong>creas<strong>in</strong>g student<br />

numbers <strong>and</strong> the need to adapt to the learn<strong>in</strong>g needs of a more diverse student body are

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