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

370 ❘
Teaching in the disciplines
analyse what is being taught. A benefit of problem-based learning is that it can help
students to cope with the extensive knowledge base of law but also enable them to apply
it to the analysis of problems. In addition, the approach may be used to aid the development
of problem-solving skills, self-directed learning skills and teamworking skills.
Problem-based learning is founded on a view of knowledge as something that learners
construct for themselves. Educational research has shown that students learn more
effectively when their prior learning is taken into consideration – students are not ‘blank’
slates, and encouraging them to use and apply knowledge already acquired helps to
contextualise and embed new learning (see Ramsden, 2003).
A problem-based learning approach also enables students to be partners in the learning
process rather than the recipients of it. The tutor plays a facilitative role, allowing students
to explore a range of avenues rather than dictating their route.
The cognitive skills and abilities identified in the subject benchmark statement are also
fostered by a problem-based learning approach and particularly the attributes of
‘autonomy and the ability to learn’ which have been described as ‘emblematic’ of
graduateness in the Law Subject Benchmark Statement.
Finally, a problem-based learning approach helps students to appreciate that the law
is messy and indeterminate, both a creator and a product of the social and economic
conditions within which it is practised.
Some challenges
Ideally, any proposals to change learning, teaching and assessment practices will arise
from regular review of the course or module concerned and will be widely discussed and
debated. Changes should clearly support what the teaching team are trying to achieve
in terms of student learning, and should be grounded in clear evidence and/or
understanding of the educational research literature.
In working with colleagues it is important to seek agreement on the aims, objectives
and desired outcomes of the module/course. Discussion about different assessment
approaches should focus on choosing methods which are clearly designed to support
and demonstrate learning. In relation to PBL, assessment should not only provide
students with an opportunity to display their knowledge, understanding and application
of the law, but also recognise the development of relevant skills and abilities, for example
by rewarding effective teamworking.
The semi-structured nature of PBL makes different demands on tutor time and
resources, and may well involve extensive preparation. The tutor will have to think about
the different types of information resources the students might make use of, particularly
given the increasing number of web-based resources. This may require the preparation
of briefing notes for the students, a longer reading list, or advice on search strategies.
It is important to acknowledge that both staff and students involved in new learning
approaches are likely to need to develop new skills and aptitudes. Staff used to a more
didactic approach to teaching may find it difficult to step back and allow the students to
follow their own route through the material. Students too may feel vulnerable and