Using the Socratic method and case law to engage and develop non-law students (undergraduates, postgraduates, work-based apprentices and CPD delegates).

Abstract

The Socratic method of teaching law was developed, in the modern period, most notably in US law schools from the foundations of Dean Langdell at Harvard. Crudely, it involves a dialogue between tutor and student. It has been seen negatively as tutors trying to catch students out or grandstand their own superiority, which is clearly flawed teaching and flawed morality. But at its best, and in its purer form, it involves dialogue and questioning to enable students and tutors to explore and defend their answers and thinking. Criticism led to law schools, formerly wedded to the method, preferring, for some decades, clinical teaching, i.e. drawing on real problems. So, if the method has found a reduced or critical reception in US law schools, and never really gained a foothold in the UK, why trial it with the teaching of law to non-law, property students?The author sensed that where operating well, the method could work very effectively to extend thinking and have students prepared to go beyond shallow answers in having to be ready to be questioned on why? what if? how does that apply to …? and the like. Preliminary trials with undergraduate and postgraduate degree students resulted in responses indicating that that more extensive use is likely to be valuable. Further work is planned for autumn 2023 with practice based students studying for RICS qualifications. The background research, dealing with the criticisms as much as the strengths of the method, informed the classroom trials to, hopefully, avoid some of the pitfalls, and resulted, anecdotally (pending larger numbers and follow up focus groups and formal assessment), in some creditable levels of engagement and depth of discussion and, importantly, a fresh approach to thinking about the materials for the tutor. This paper does not provide a conclusion of extensive trials, but offers an overview of a teaching method which might be considered to embed the purpose and practical application of law in the minds of non-law students.