Complicitous and contestatory - the hermeneutics of legal education
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This document discusses the hermeneutics of legal education. It begins by defining hermeneutics as the interpretation and understanding of texts. It then explores how legal education itself can be interpreted, including how different traditions are read against each other and how academics and professionals are integrated. The document presents several theoretical frameworks for understanding legal education, including transactional learning and extended cultural-historical activity theory. It uses the example of Scots legal education during the Enlightenment to illustrate a shift. Finally, it discusses the implications of this hermeneutic perspective, noting that legal education can be both complicit with and contestatory against neoliberal tendencies, and that new forms of transformational learning
![hermeneutics?
⢠âour understanding of the nature of texts and how we interpret
and use themâ (Jasper 2004, 1)
⢠Eg âit is pretty clear that the author of Matthewâs Gospel is
reading and interpreting the Gospel of Mark and adapting it for
his own theological purposesâ (ibid, 2)
⢠Eg more widely, how writers interpret each other. Yeatsâ relation
to Shelley, and Heaneyâs relation to Yeatsâ political poetry, and
use of ancient & contemporary Irish history. Complicitous?
Contestatory? Or take a clinamen, a creative swerve around the
powerful predecessor (Harold Bloom)?
⢠Hermeneutics âis about the most fundamental ways in which we
perceive the world, think and understand [âŚ] and legitimate the
claims we make to know the truthâ (Jasper 2004, 3)
⢠There are no innocent readings: all are motivated, replete with
intentionalities, memories, expectations, desires.
⢠It is a set of practices and understandings that are bound by
cultural and historical context.
Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
4](https://image.slidesharecdn.com/modernlawreviewseminarslides-190617140238/85/Complicitous-and-contestatory-the-hermeneutics-of-legal-education-5-320.jpg)
![are law schools complicitous?
contestatory?
âOf particular interest to [sociolinguists] is Gidden's insistence that
alongside political, economic and legal institutions there are
linguistic and rhetorical rules and resources which are also
institutions. Among these he instances âsymbolic orders, or modes of
discourse, and patterns of communicationâ. [âŚ] My attempt to
address some of the wider issues [âŚisâŚ] both complicitous and
contestatoryâ.
Swales, John M. (1993). Genre and engagement. Revue Belge de Philologie et
DâHistoire, 71: 687-698. Available at: https://core.ac.uk/download/pdf/3146180.pdf
⢠We can support neoliberalist tendencies in legal education or we
can educate ethically and transformationally. But we do both.
⢠We can suppress student agency or liberate it. We do both.
⢠We can ignore / suppress traditions, cultures, or enhance &
(re-)use them. Do we do both?
Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
10](https://image.slidesharecdn.com/modernlawreviewseminarslides-190617140238/85/Complicitous-and-contestatory-the-hermeneutics-of-legal-education-11-320.jpg)
![independent studiesâŚ
⢠âIn focus groups, members of the profession
and alumni said they believe that students
who graduate from the program [at UNH]
are a step ahead of new law school graduates;
⢠When evaluated based on simulated client interviews,
students in the program outperformed lawyers who had been
admitted to practice within the last two years; and
⢠The only significant predictor of simulated client interview
performance was whether or not the interviewer participated
in the Daniel Webster Scholar Honors Program. Neither LSAT
scores nor class rank was significantly predictive of
interview performanceâ (my emphasis) 21
Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA](https://image.slidesharecdn.com/modernlawreviewseminarslides-190617140238/85/Complicitous-and-contestatory-the-hermeneutics-of-legal-education-22-320.jpg)
![representative commentsâŚ
In your judgment was this a worthwhile learning opportunity?
⢠One of my favourite and most worthwhile opportunities all year
⢠Great opportunity! [âŚ] good low stress experience
⢠Yes! I loved the feedback that the simulated client gave me. She was
honest (but also very kind). I havenât viewed my video yet , but Iâm sure
it will be extremely useful to go back and review my
questions/demeanour/etc.
⢠Helpful feedback
⢠I would love to get more opportunities to do this
⢠Yes, I feel better prepared and the feedback I got was very reassuring
⢠I really enjoyed this experience and would recommend that it be
implemented into the legal process course curriculum
⢠The feedback was splendid I see where I need to improve and at the
same time I was made aware of my strengths that I need to hone
⢠I feel like it was a worthwhile and that that we should have more
opportunities to participate in similar activities
Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
30](https://image.slidesharecdn.com/modernlawreviewseminarslides-190617140238/85/Complicitous-and-contestatory-the-hermeneutics-of-legal-education-31-320.jpg)
Complicitous and contestatory - the hermeneutics of legal education
- 1. Paul Maharg Pressing Problems in the Law Revisited June 2019 http://paulmaharg.com/slides âComplicitous and contestatoryâ: The hermeneutics of legal education
- 2. preview 1. The hermeneutic base to legal education 2. Case study 1: Scots legal education â the enlightenment shift 3. Theoretical arrays: 1. Transactional learning 2. Extended CHAT theory 3. Diegetic learning 4. Case study 2: Simulated Clients 5. Implications for future law school educational practices Slides available at: http://paulmaharg.com/slides 1 Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
- 3. Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA 2 Edinburgh University online teaching manifesto https://onlineteachingmanifesto.wordpress.com/
- 4. 1. The hermeneutic base to legal education âAesthetics matter: interface design shapes learningâ Edinburgh University School of Education, https://onlineteachingmanifesto.wordpress.com/
- 5. hermeneutics? ⢠âour understanding of the nature of texts and how we interpret and use themâ (Jasper 2004, 1) ⢠Eg âit is pretty clear that the author of Matthewâs Gospel is reading and interpreting the Gospel of Mark and adapting it for his own theological purposesâ (ibid, 2) ⢠Eg more widely, how writers interpret each other. Yeatsâ relation to Shelley, and Heaneyâs relation to Yeatsâ political poetry, and use of ancient & contemporary Irish history. Complicitous? Contestatory? Or take a clinamen, a creative swerve around the powerful predecessor (Harold Bloom)? ⢠Hermeneutics âis about the most fundamental ways in which we perceive the world, think and understand [âŚ] and legitimate the claims we make to know the truthâ (Jasper 2004, 3) ⢠There are no innocent readings: all are motivated, replete with intentionalities, memories, expectations, desires. ⢠It is a set of practices and understandings that are bound by cultural and historical context. Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA 4
- 6. what are the hermeneutics of legal education? ⢠How we read our educations, how we understand different traditions of legal education against each other ⢠How in a degree curriculum, a syllabus, a lecture/seminar/workshop we read the parts up to the whole and the whole down to the parts ⢠How academic degree learnings integrate or not with professional learnings ⢠How we compose in report genres for regulatory bodies; how we REF-write our legal education research, how we disorganize it for ourselves and others ⢠How we interpret affect, body, rationality, gender, spirit, indigeneity, the meaning of land and species, cultural narratives, sociolegal, anthropological, historiographical research in our constructions of justice, law & learning Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA 5
- 7. eg the hermeneutics of assessment âAssessment is an act of interpretation, not just measurementâ Edinburgh University School of Education, https://onlineteachingmanifesto.wordpress.com/ Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA 6
- 8. Technical model of learning Professional model of learning The only learning worth evaluating can be seen as behavioural changes. Worthwhile learning is often personal, obscure and private. Only some learnings appear as behavioural changes. Everything that exists, exists in some quantity, and therefore can be counted and measured. Many things that exist are not externally verifiable. The teacher-selected goals are the important ones, therefore the evaluated ones. Both teacher- and student-selected goals are important, as is learning attained without goals. Comparing behaviours to some objectively held criteria or comparing to the progress of other students determines how well something is learned. Educative learning cannot be rated on a scale. Most learning cannot be compared either to some "objectively" conceived criteria or to the progress of other students. The teacher-student relationship is hierarchical and the teachers assign and rank students by how well they have met specific objectives. The teacher-student relationship is egalitarian. Learning requires less of a process of trusting grades and more to exploration among expert and novice learners, and thrives on constructive criticism. The quality of rigour of a course can be determined by how well it helps its students meet the discipline requirements as reflected by test scores, attainment of behavioural objectives, and accreditation requirements, since these reflect the agreed-upon discipline content. The quality of rigour of a course can be determined by how well it helps students collect paradigm experiences, develop insights, see patterns, find meanings in ideas and experiences, explore creative modes of enquiry, examine assumptions, form values and ethics in keeping with the moral ideal of the caring scholar-clinician, respond to social needs, live fully and advance the profession. Bevis, E.O., Watson, J. (1990) Towards a Caring Curriculum: A New Pedagogy for Nursing, National League for Nursing, New York; cited Maharg, P., Owen, M. (2007). Simulations, learning and the metaverse: changing cultures in legal education, Journal of Information, Law, Technology. Special Issue on Law, Education, Technology, 1, http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2007_1/maharg_owen
- 9. Technical model of learning Phenomenological model of learning The only learning worth evaluating can be seen as behavioural changes. Worthwhile learning is often personal, obscure and private. Only some learning appear as behavioural changes. Everything that exists, exists in some quantity, and therefore can be counted and measured. Many things that exist are not externally verifiable. The teacher-selected goals are the important ones, therefore the evaluated ones. Both teacher- and student-selected goals are important, as is learning attained without goals. Comparing behaviours to some objectively held criteria or comparing to the progress of other students determines how well something is learned. Educative learning cannot be rated on a scale. Most learning cannot be compared either to some "objectively" conceived criteria or to the progress of other students. The teacher-student relationship is hierarchical and the teachers assign and rank students by how well they have met specific objectives. The teacher-student relationship is egalitarian. Learning requires less of a process of trusting grades and more to exploration among expert and novice learners, and thrives on constructive criticism. The quality of rigour of a course can be determined by how well it helps its students meet the discipline requirements as reflected by test scores, attainment of behavioural objectives, and accreditation requirements, since these reflect the agreed-upon discipline content. The quality of rigour of a course can be determined by how well it helps students collect paradigm experiences, develop insights, see patterns, find meanings in ideas and experiences, explore creative modes of enquiry, examine assumptions, form values and ethics in keeping with the moral ideal of the caring scholar-clinician, respond to social needs, live fully and advance the profession. Bevis, E.O., Watson, J. (1990) Towards a Caring Curriculum: A New Pedagogy for Nursing, National League for Nursing, New York; cited Maharg, P., Owen, M. (2007). Simulations, learning and the metaverse: changing cultures in legal education, Journal of Information, Law, Technology. Special Issue on Law, Education, Technology, 1, http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/2007_1/maharg_owen
- 10. causation & context in assessment If learning ⌠then assessment is often⌠1 is teacher-focused teacher-centred, not learner-centred. 2 follows a transmission model of education focused only on whatâs supposed to have arrived / been delivered 3 focuses only on the individual individual, alienating, where collaborative, peer- review or self-review canât take place 4 consists of monolithic & substantive law content lacking interdisciplinarity, with little assessment of skills, values, attitudes as well as critical knowledge 5 sits in strongly contested relations between practice & academy problematic, because content & forms of academic assessments canât transfer well to professional learning and formation of identity Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
- 11. are law schools complicitous? contestatory? âOf particular interest to [sociolinguists] is Gidden's insistence that alongside political, economic and legal institutions there are linguistic and rhetorical rules and resources which are also institutions. Among these he instances âsymbolic orders, or modes of discourse, and patterns of communicationâ. [âŚ] My attempt to address some of the wider issues [âŚisâŚ] both complicitous and contestatoryâ. Swales, John M. (1993). Genre and engagement. Revue Belge de Philologie et DâHistoire, 71: 687-698. Available at: https://core.ac.uk/download/pdf/3146180.pdf ⢠We can support neoliberalist tendencies in legal education or we can educate ethically and transformationally. But we do both. ⢠We can suppress student agency or liberate it. We do both. ⢠We can ignore / suppress traditions, cultures, or enhance & (re-)use them. Do we do both? Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA 10
- 12. Scots legal education â the Enlightenment shift âOnline teaching need not be complicit with the instrumentalization of educationâ Edinburgh University School of Education, https://onlineteachingmanifesto.wordpress.com/
- 13. signature pedagogies (Lee Shulman) Surface structure ⢠Observable, behavioural features Tacit structure ⢠Values and dispositions that the behaviour implicitly models Deep structure ⢠Underlying intentions, rationale or theory that the behaviour models Shadow structure ⢠The absent pedagogy that is, or is only weakly, engaged Sullivan, W.M., Colby, A., Wegner, J.W., Bond, L., Shulman, L.S. (2007) Educating Lawyers. Preparation for the Profession of Law, Jossey-Bass, p. 24
- 14. Three attempts to create new forms of transformational learning âWe should attend to the materialities of digital education. The social isnât the whole storyâ Edinburgh University School of Education, https://onlineteachingmanifesto.wordpress.com/
- 15. 1. transactional learning active learning through performance in authentic transactions involving reflection in & on learning, deep collaborative learning, and holistic or process learning, with relevant professional assessment that includes ethical standards (Maharg 2007) SIMulated Professional Learning Environment (SIMPLE) enables students to engage in online simulations of professional practice. Its special pedagogy is based on transactional learning. Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA 14
- 16. 2. extended CHAT framework (EngestrĂśm) Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA 15
- 17. 3. diegetic learning ⢠Diegesis: narrative or plot in literature; used in film studies to depict the world inside the film ⢠Also describes the story or immersive world of a game or sim, and focuses on: â Presentation of objects & environments â Levels of immersion, fidelity, liminality, interactivity, pacing, fore/background, POV, use of time. Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA 16
- 18. 4. Case study 2: Simulated Clients âOnline courses are prone to cultures of surveillance. Visibility is a pedagogic and ethical issue â Edinburgh University School of Education, https://onlineteachingmanifesto.wordpress.com/
- 19. our hypothesis back in 2005 With proper training and carefully designed assessment procedures, Standardised or Simulated Clients (SCs) could assess important aspects of client interviewing with validity and reliability comparable to assessment by law teachers. Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
- 20. aims ⢠develop a practical and cost-effective method to assess the effectiveness of lawyer-client communication which correlates assessment with the degree of client satisfaction & confidence. ⢠ie answer the following questions⌠1.Is our current system of teaching and assessing interviewing skills sufficiently reliable and valid? 2.Can the Simulated Patient method be translated successfully to the legal domain? 3.Is the method of Simulated Client training and assessment more reliable, valid and cost-effective than the current system at the Glasgow Graduate School of Law (GGSL)? Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
- 21. results from the GGSL pilot Questions Results 1 Is our current system of teaching and assessing interviewing skills sufficiently 1. reliable? 2. valid? 1. No 2. No 2 Can the Simulated Patient method be translated successfully to the legal domain? Yes 3 Is the method of Simulated Client training and assessment more 1. reliable, 2. valid 3. cost-effective than the current system? 1. Yes 2. Yes 3. Yes Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
- 22. independent studies⌠⢠âIn focus groups, members of the profession and alumni said they believe that students who graduate from the program [at UNH] are a step ahead of new law school graduates; ⢠When evaluated based on simulated client interviews, students in the program outperformed lawyers who had been admitted to practice within the last two years; and ⢠The only significant predictor of simulated client interview performance was whether or not the interviewer participated in the Daniel Webster Scholar Honors Program. Neither LSAT scores nor class rank was significantly predictive of interview performanceâ (my emphasis) 21 Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
- 23. what changed for usâŚ? ⢠We made what the client thinks important in the most salient way for the student: an assessment where most of the grade is given by the client ⢠We did not conclude that all aspects of client interviewing can be assessed by SCs â We focus the assessment on aspects we believe can be accurately evaluated by non-lawyers â We focus the assessment on initial interview (which has been extended at one centre to an advice-giving second interview) ⢠This has changed the way we enable students, trainees and lawyers to learn interviewing & client-facing ethical behaviour Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
- 24. eg assessment criterion 2 of eight 2. I felt the student lawyer listened to me. This item is designed to assess the degree to which the lawyer can listen carefully to you. These criteria focus especially on the early part of the meeting when the client should be encouraged to tell their story and concerns in their own words. This entails active listening â where it is necessary for the interview structure or the lawyerâs understanding of your narrative. The lawyer will not interrupt, cut you off, talk over you or rush you in conversation. The lawyer reacts to your responses appropriately. The lawyer may take notes where appropriate, but if the lawyer does so, the lawyer should not lose much eye contact with you. To some extent in this item we are concerned with what the lawyer does not do that facilitates the interview. 23 Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
- 25. 1 2 3 4 5 Lawyer prevents you from talking by interrupting, cutting off, talking over, rushing you. Takes over the conversation prematurely as if the lawyer already knows all the answers. Lawyer limits your opportunity to talk by interrupting, cutting you off, etc. You are allowed to answer specific questions but are not allowed to expand on topics. Lawyer rarely interrupts or cuts off or rushes you. The lawyer reacts to your responses appropriately in order to allow you to tell your story. More interested in notes taken than in eye-contact with you. The lawyer is clearly listening closely to you. If the lawyer interrupts, it is only to assist you in telling the story more effectively. Lawyer provides opportunities for you to lead the discussion where appropriate. Good eye contact and non-verbal clues. The lawyer is an excellent listener and speaks only when it is clearly helpful to you telling your story. Lawyer uses silence and other non-verbal facilitators to give you an opportunity to expand. Excellent eye contact and non- verbal cues. 24
- 26. 1 2 3 4 5 Lawyer prevents you from talking by interrupting, cutting off, talking over, rushing you. Takes over the conversation prematurely as if the lawyer already knows all the answers. Lawyer limits your opportunity to talk by interrupting, cutting you off, etc. You are allowed to answer specific questions but are not allowed to expand on topics. Lawyer rarely interrupts or cuts off or rushes you. The lawyer reacts to your responses appropriately in order to allow you to tell your story. More interested in notes taken than in eye-contact with you. The lawyer is clearly listening closely to you. If the lawyer interrupts, it is only to assist you in telling the story more effectively. Lawyer provides opportunities for you to lead the discussion where appropriate. Good eye contact and non-verbal clues. The lawyer is an excellent listener and speaks only when it is clearly helpful to your telling your story. Lawyer uses silence and other non-verbal facilitators to give you an opportunity to expand. Excellent eye contact and non- verbal cues. 25
- 27. Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA 26
- 28. current status of SCI University of Strathclyde Law School WS (Writers to the Signet) Society, Edinburgh University of New Hampshire Law School The Australian National University College of Law Northumbria University Law School Kwansei Gakuin University Law School (Osaka) SRA â Qualifying Lawyer Transfer Scheme Law Society of Ireland Hong Kong University Faculty of Law Adelaide University Law School The Chinese University of Hong Kong Faculty of Law National Centre for Skills in Social Care, London Nottingham Trent University Law School Osgoode Hall Law School Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
- 29. SCs: people as co-producers, co-designers The SC approach challenges the hermeneutics of legal education: 1. Curriculum methods 2. Ethics of the client encounter 3. The cognitive poverty of conventional law school assessment 4. Law school as a self-regarding, monolithic construct 5. Law school categories of employment 6. The curricular isolation of clinic within law schools 7. Hollowed-out skills rhetoric 8. Conventional forms of regulation by regulatory bodies 9. The role of regulator, as encourager of innovation & radical reformâŚ? 10.Disciplinary boundaries â what about a SC Unit thatâs interdisciplinary? 11.Local jurisdictional practices: how might such a project work globally? Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
- 30. SCs @ Osgoode ⢠Last year, SCs were recruited, trained and used with 290 students in Shelley Kiersteadâs first year course, Legal Method ⢠Excellent interim feedback: â 92.6% thought the interview experience authentic or very authentic. â 95.5% thought the clients realistic or very realistic in conveying their concerns. â 93.5% thought the experience useful or very useful in preparing them for real client interviews. â 97.6% thought that the use of simulated clients was more beneficial to their learning than practising only with other students Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
- 31. representative comments⌠In your judgment was this a worthwhile learning opportunity? ⢠One of my favourite and most worthwhile opportunities all year ⢠Great opportunity! [âŚ] good low stress experience ⢠Yes! I loved the feedback that the simulated client gave me. She was honest (but also very kind). I havenât viewed my video yet , but Iâm sure it will be extremely useful to go back and review my questions/demeanour/etc. ⢠Helpful feedback ⢠I would love to get more opportunities to do this ⢠Yes, I feel better prepared and the feedback I got was very reassuring ⢠I really enjoyed this experience and would recommend that it be implemented into the legal process course curriculum ⢠The feedback was splendid I see where I need to improve and at the same time I was made aware of my strengths that I need to hone ⢠I feel like it was a worthwhile and that that we should have more opportunities to participate in similar activities Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA 30
- 32. more information⌠1. Websites: 1. See Simulated Client Initiative, http://zeugma.typepad.com/sci 2. these slides @ http://paulmaharg.com. 2. Barton, K., Cunningham, C.D., Jones, G.T., Maharg, P. (2006). Valuing what clients think: standardized clients and the assessment of communicative competence. Clinical Law Review, 13, 1, 1-65. 3. Maharg, P. (2007). Transforming Legal Education: Learning and Teaching the Law in the Early Twenty-first Century. Aldershot, Ashgate Publishing, chapter 2, 64-67. 4. Daniel Webster Scholar Honors Program: https://law.unh.edu/sites/default/files/media/dwsonepager2016update.p df 5. Barton, K., Garvey, J.B., Maharg (2013). âYou are hereâ: learning law, practice and professionalism in the academy. In Bankowski, Z., Maharg, P. del Mar, M., editors, The Arts and the Legal Academy. Beyond Text in Legal Education, vol 1. Routledge. Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
- 33. 5. Implications for future law school educational practices âAesthetics matter: interface design shapes learningâ Edinburgh University School of Education, https://onlineteachingmanifesto.wordpress.com/
- 34. Context of legal education has changed markedly since 1996. But law schools are still focused on: 1. Organisations, ie LMSs, silos of knowledge 2. Products, ie handbooks, handouts, closely- guarded downloads, (pay)walled gardens 3. Content, ie modules, instruction, transmissive content, lockstep & linear progress 4. Snapshot assessment of taught substantive content compare Birksâ edited collection with todayâs workshop Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
- 35. 1. Organisation to create weak boundaries, strong presence through resource-based, integrated learning networks, with open access (open courseware initiatives, etc) 2. Focus not on transmissive static content but in part on web-based, aggregated content in part created by students and re-usable as open educational resources (OERs) 3. Learning as integrated understanding & capturable conversation, just-in-time learning 4. Assessment of situated learning Changing the hermeneutic focus Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
- 36. which in more detail could entail� 35 Eg 2. Web-based, aggregated content 1. Content shared on an open basis with other institutions, other professionals 2. Content flexibly applied in a flexible curriculum design 3. Method & content shared across cohorts, across year groups 4. Strong links with workplace learning and embedding of theory, shaping of theory in practice, development of new theory arising from practice 5. Use of legal informatics and analytics; analysis of machine law Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA
- 37. possible futures⌠⢠Quality of digital content essential, more convergence in platforms; campus becomes a learning platform ⢠A return beyond the book to a manuscript culture. But immensely faster, more complex, with its own hierarchies of knowledge and power. ⢠Distance and intimacy will be redefined; ownership and identity defined ⢠More need for Open: OAccess, OResearch, OPlatforms, remixing tools and cultures ⢠Increased threat to academic independence from corporate providers, eg publishers: â Cost of journal subscriptions â see http://bit.ly/2mNFxRv â Corporate capture of our learning / teaching systems ⢠Analytics will matter more and will re-code what we do ⢠Bots and exo-cortices will facilitate collaborative learning online 36
- 38. 37 âŚbut on technology, we have no disciplinary memory in legal education⌠⢠There are no histories, one bibliography (Goldman, 2008), no collective statements, no policy papers, no map of interdisciplinary collaborations, no meta- reviews, few discourse analyses of the field (none updated). In the UK, three BILETA Reports (1991, 1996, 2004). One systematic review: Maharg, P., Nicol, E. (2014). Simulation and technology in legal education: a systematic review and future research programme. In Grimes, R., Phillips, E., Strevens, C. (eds), Legal Education: Simulation in Theory and Practice, Ashgate Publishing, Emerging Legal Education series, 17-42.
- 39. also true of legal education generally ⢠LETR (2013)reported on poor or non-existent data, research that was not sufficiently robust in methods â same holds true for many jurisdictions ⢠For LETR we collected over 2,000 references online, but not updated by regulators ⢠Recently, the IBA Presidentâs Taskforce on the Future of Legal Services attempted a survey of the field of technology and legal services â but again, one-shot research ⢠No sustained, longitudinal effort to map the field, create taxonomies, tag-structures, etc â cf medical education practices Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA 38
- 40. some references McKellar, P., Maharg, P. (2005). Virtual learning environments: the alternative to the box under the bed, The Law Teacher, âSpecial Edition on ICTâ, 39, 1, 43-56 Maharg, P. (2007). Transforming Legal Education: Learning and Teaching the Law in the Early Twenty-first Century. Ashgate Publishing, Farnham, Surrey. See chapter nine: âMultimedia and the docuverse of law: learning and the representation of knowledgeâ. de Freitas, S., Maharg, P., eds (2011). Digital Games and Learning. Bloomsbury, London. Maharg, P. (2014). Convergence and fragmentation: legal research, legal informatics and legal education. European Journal of Law and Technology, 5, 3. Available at: http://ejlt.org/index.php/ejlt/. Maharg, P. (2016). Webcasts and podcasts: digital designs and learning. Faculty seminar, Chinese University of Hong Kong, June 2016. Available at: http://paulmaharg.com/slides Maharg P. (2017). Multimedia learning, 2002-2018: A case study across a century of digital learning. Faculty seminar, Osgoode Hall Law School, April 2018. Available at: http://paulmaharg.com/slides Professor Paul Maharg | CC BY-NC-ND 2.5 CANADA 39