Law and Legal Education in India: Some Observations

Mehren, Arthur Taylor von

doi:10.2307/1338927

Cited by 11 publications

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“…The most disturbing characteristic of our legal education system is that the essential stakeholders, namely students and law professors, have no say in how legal education is regulated. 143 There has long been a desire to put legal education under the auspices of a professional group known as the National Council for Legal Education (NCLE), including law professors, the Bar Council, governments, students, in-house attorneys, and the UGC. 144 The demand fell again on deaf ears, and the new policy completely disregarded elements of legal education regulation.…”

Section: Lack Of Nexus Between the Role Of Student And Professorsmentioning

confidence: 99%

Promises and Prospects of Legal Education in India in the Context of the New Education Policy: A Reality Check

Chakraborty

Krishna

2021

Asian Journal of Legal Education

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Legal education serves as a means of social regulation and a tool for social transformation. In 2020, the Indian government released India’s third educational policy, considered the most ambitious educational policy ever. However, legal scholars fostered several misgivings about the efficacy of the drafted policy in addressing underlying shortcomings in legal education in India. Serious concerns have been raised, especially in light of the nation’s recent loss of prospects in the global economy that could have been achieved otherwise. As a result, addressing the debate that arose due to the NEP’s introduction and its impact upon legal education, which is still subjugated by multiple regulatory frameworks, has become critical. Against this background, the present research explores legal education and its history to better grasp the problems at hand. Following that, the article attempts to analyse the quotidian adversities faced by the institutions and regulators in meeting the demands of the new world order. While doing so, this article takes a critical approach to identify the concerns and inhibitions that exist under the draft policy and remains unresolved by the NEP in view of aimed ‘radical reconstruction of education’. Finally, the authors conclude the article with findings and recommendations.

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Section: Lack Of Nexus Between the Role Of Student And Professorsmentioning

confidence: 99%

Promises and Prospects of Legal Education in India in the Context of the New Education Policy: A Reality Check

Chakraborty

Krishna

2021

Asian Journal of Legal Education

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“…29 The First Law Commission Report 30 had noted that the changes occurring in all dimensions of India-social, economic and political-required radical alterations to the legal education, which required to be re-looked at, so that 'men of law' were called to play various roles in the society. Influenced by Western philosophy, the need to make a significant contribution to the society and effectively harness the talent pool of the society 31 remained the foremost goals of legal education in India. To further this, the BCI and UGC, vested with the function of promoting legal education laid down standards to impart quality legal education in furtherance to the powers vested under the Advocates Act, 1961.…”

Section: Review Of Literature: a Contextual Backgroundmentioning

confidence: 99%

Advancements in Legal Education in India: Challenges and Opportunities for Interdisciplinary Research

Rajashree¹,

Singai

Shimray

2020

Asian Journal of Legal Education

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Social, economic and political changes have brought new challenges and divergent views to twenty-first-century legal education. Law is an expression of the social idea, and more creative solutions evolve from interdisciplinary collaborations. The resolution by legal luminaries to elevate legal research to a high standing, on par with other disciplines, is yet to find a foothold even after the introduction of reforms to legal education in the past two decades. This article makes an attempt to explore the emerging interdisciplinary trends, with the innumerable challenges that require exploration, identification, analysis and quality enhancement while conducting legal research in order to strike a fine balance between teaching and research, as they supplement each other. Law is a mechanism for ushering in social change, and the fact that it can never be studied in isolation demands the convergence and divergence of multiple disciplines. Yet, the traditional conceptualization of legal research is largely confined to the judicial process and the exclusion of social process. Keeping in mind the benefits of interdisciplinary association of law with other areas/disciplines and of research being a continuum, the article emphasizes law’s collaboration with other disciplines. The article accentuates the role of law schools to undertake and encourage interdisciplinary legal scholarship to diversify the learning experiences of students in conjunction with other disciplines. Learning through such experiences enables students to find solutions beyond the strict academic discipline of law and at the same time offers ample opportunities for them to explore a wide array of possibilities that interface with legal profession but transcend courtroom practice. A comparative analysis of two educational institutions imparting legal education, taken as cases in point, is performed for the present study.

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“…While the virtually exclusive concentration of Indian lawyers on litigation may in part be a consequence of importing traditions and work patterns of the English legal profession and in particular the English bar ("Lawyers in Developing Countries," 1968-1969; Kidder, 1973Kidder, , 1974, a much more limited role of lawyers than that of the American bar is the modal pattern in most countries. Thus the wisdom of using the activities of American lawyers as a yardstick for policy recommendations in other countries (for example, Lowenstein, 1970;Von Mehren, 1965) may be questionable, quite aside from more general doubts about the value of American models for legal assistance in developing countries (Trubek and Galanter, 1974; see also Goldstein and Donaldson, 1977, for a critical analysis of "exporting professionalism" in medicine).…”

Section: Some Contrasts Between Modern Societiesmentioning

confidence: 99%

The Legal Profession in Comparative Perspective

Rueschemeyer

1977

Sociological Inquiry

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Law and Legal Education in India: Some Observations

Cited by 11 publications

References 0 publications

Promises and Prospects of Legal Education in India in the Context of the New Education Policy: A Reality Check

Promises and Prospects of Legal Education in India in the Context of the New Education Policy: A Reality Check

Advancements in Legal Education in India: Challenges and Opportunities for Interdisciplinary Research

The Legal Profession in Comparative Perspective

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