Values ethics and legal ethics: the QLD and LETR Recommendations 6, 7, 10, and 11

Abstract

The LETR Report recommended increased attention to ethics and values and to critical thinking. These aims could be achieved jointly through teaching ethical thinking: not as theory but as part of developing the capacity for ethical conduct. Such a pedagogy has the potential to become a QLD signature pedagogy supporting "life-narratives" of students.The LETR Report recommends a review of the QLD emphasising legal values and ethics. Concern with values and ethics is linked to concern with professional conduct. Maintaining the law degree as a general or liberal qualification is also strongly desired. These potentially conflicting drivers generate ambivalence towards legal ethics as a subject for study, especially if legal ethics is perceived as teaching the professional codes.Resolution of this tension is achievable through recognising the potential role of ethical teaching as part of an identity apprenticeship. Developing ethical character is as much a liberal as a professional aim. Ethics teaching can play an integrative role in the QLD.Formation of student identity is a central part of Higher Education taking colouration from being situated in legal education. In this context teaching legal ethics becomes the use of a salient example for carrying out the broader project of developing ethical capacity. Teaching of professional ethics and values for integrity and qualityThe importance of ethics and values within legal education and training is stressed by the final report of the Legal Education and Training Review independent research team (LETR Report). "Ethics" includes professional ethics and "values" those values specifically that underpin the rule of law: these two areas link up with a concern with professionalism. This emphasis on ethics and values is situated within a regulatory context. This means that ethics and values are important when they serve the broader objectives of supporting systemic integrity and service quality, rather than for their own sake. The perspective of the team was informed by the needs of the justice system and the legal services market: the general public, providers, and consumers, as well regulators.As an educator committed to increasing the role and range of values based teaching and learning in legal education and working in academic higher education my perspective is different. My starting point is that value informed legal education and ethical education is beneficial for my students, both those who go on to become legal service providers and those who do not. Even in the context of professional training and continuing professional development a concern with facilitating the growth of the capabilities of the learner to reason and act ethically is my focus.The Foreword to the LETR Report identifies several "key messages", most of which seem to be broad objectives for legal education and training. Given first place is conservation of the existing strengths of legal education, training and professional practice. However, immediately after conservation is the need to encou...

Law and ethics: problematising the role of the foundation degree and paralegal education in English post-compulsory education

“…The work of Boulton (1992;) adopts a similar approach by generating rich qualitative data over time. The research is also based on methodological triangulation as the experiences of the lead researcher within this research context have been reflected on via a background of published literature about this context (for example, Abel 1988, Ferris 2014, Kennedy and Carrington 2004, and Webb, Ching, Maharg, and Sherr 2013. Although there is no straightforward answer to defining ethnography (the authors do not consider this research to be anthropological-it is research on education-and Geertz [1995] comments on the challenges of defining ethnographic work absolutely) this article is essentially based on ethnographic data.…”

“…Practitioners have raised concerns that the current model of legal education as provided within English University teaching fails to make students ethically, commercially and professionally competent (Abel 1988) .Within many HEIs (Higher Education Institutions), there is a belief that University education should not be focused on the provision of lawyers, but that instead the emphasis should be placed on providing well-rounded academically strong, skilled individuals who choose to become lawyers after studying and reflecting on the nature of their degree programme (Ferris 2014). Whilst there is little doubt that in practice an understanding of ethical responsibilities is important, it can be argued that little appears to have progressed in terms of the teaching of ethics at undergraduate level within this vocational area (Abel 1988, Ferris 2014, Webb, Ching, Maharg, and Sherr 2013.…”

“…The article content problematises the teaching of ethics within the current postcompulsory education system in England. It can be argued that whilst there is no doubt that clinical experience has its value to students, it is not clear that this form of pedagogy as it is currently taught within post-compulsory education in England provides an experience that is grounded in how ethics works within practice (Ferris 2014). Moreover, employers ideally want to employ students who are able to apply ethics to legal contexts (Fasterling 2009).…”

“…In problematising the pedagogy of ethics within a post-compulsory format of teaching and learning (such as pedagogy within a clinic), the business concept of ethics seems to leave a gap. This appears to have resulted in students becoming 'idealised' in terms of social justice and ethical conduct, but unable to adjust to the additional pressures of business and ethical conduct (Ferris 2014).…”