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Authors:Tony George Puthucherril, Charu Sharma, Amritha V. Shenoy, Saurabh Sood, Stuti Lal Abstract: Asian Journal of Legal Education, Ahead of Print. In this era of the Anthropocene, where four of the nine planetary boundaries have been crossed, the need for environmental stewardship, social equity and sustainability cannot be over-emphasized. So critical is the sustainability discourse that it has transcended disciplinary boundaries, permeating various aspects and sectors of human endeavour. A critical area where sustainability, as evidenced by the sustainable development goals (SDGs) framework, exerts influence is higher education and, more importantly, legal education. This article examines the intersection between sustainability (SDGs), human rights and legal education. It makes a case that if legal education, like other disciplines, has to propel the pursuit of a more liveable and equitable future, it is imperative to embed sustainability (SDGs) within legal education’s academic landscape. This central theme is examined against India’s legal education scenario. While there are a few isolated attempts to foster a culture of sustainability within the realm of legal academia in India, among these, the efforts of Jindal Global University and its law school, namely, Jindal Global Law School, stand out due to their steadfast commitment to this ideal. Jindal Global University (JGU) and Jindal Global Law School (JGLS) have strategically positioned sustainability as a foundational tenet of their institutional ethos, and their endeavours serve as a compelling example for institutions in India and elsewhere seeking to elevate their commitment to sustainability. Accordingly, based on the proactive initiatives of JGU and JGLS, this article develops a reform paradigm centred on what, why and how to revamp India’s legal education sector to infuse it with a sustainable culture. Citation: Asian Journal of Legal Education PubDate: 2024-08-02T02:46:35Z DOI: 10.1177/23220058241265614
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Authors:Andrea Todd, Lucy Blackburn Abstract: Asian Journal of Legal Education, Ahead of Print. With the advent of the Solicitors’ Qualifying Examination (SQE), Qualifying Work Experience (QWE) allows for flexibility in the journey to qualification as a solicitor in England and Wales that was not previously permitted by the Period of Recognized Training. This development was heralded as a lever to widening access to the profession, with the potential to assist those who may not have been recruited onto traditional graduate-level training programmes in securing a qualified legal role. This paper discusses the findings of empirical research conducted by the authors with a view to understanding the perceptions of, and attitudes towards, QWE of those responsible for recruitment in UK law firms. It reveals a friction between the perceived, and actual, value of QWE obtained via non-traditional routes and exposes the threat that law firm stances on QWE pose to the regulator’s aim of widening access to the profession. Citation: Asian Journal of Legal Education PubDate: 2024-06-23T03:01:45Z DOI: 10.1177/23220058241246218
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Authors:Yuxia Song, Haotian Fan Abstract: Asian Journal of Legal Education, Ahead of Print. China’s modern legal education system, characterized by its development over more than seven decades since the founding of New China, has undergone distinct stages including the initial period, stagnation and frustration, restoration and development, comprehensive development, and innovation and development. Based on both empirical and case studies, this article identifies issues in China’s modern legal education system such as the imbalanced distribution of educational resources, inadequacy in theoretical and practical teaching methods, as well as insufficient training for foreign-related legal talents. To address these challenges effectively, this article proposes innovative approaches, including deepening collaboration between academia and industry to narrow regional disparities in education provision; enhancing scenario-based applications of artificial intelligence (AI), the metaverse and other emergent technologies within the field of legal education; as well as aligning the goal of cultivating legal talents with global trends through comprehensive reform strategies. This article aims to offer a novel pathway for Chinese legal education to embrace globalization, while at the same time presenting a new paradigm for international scholars studying Chinese legal education. Citation: Asian Journal of Legal Education PubDate: 2024-06-14T05:30:15Z DOI: 10.1177/23220058241257851
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Authors:Ragini P. Khubalkar Abstract: Asian Journal of Legal Education, Ahead of Print. The origins of legal aid are deeply rooted in Indian history and can be recited from old scriptures. From the extensive journey of the legal system from the Vedic era to the present, a codified legal framework of legal aid has grown to the myriad importance in India. Access to justice has been identified as a human right at the international level through Articles 8 and 10 of the United Nations Declaration on Human Rights. The General Assembly in 2012 adopted the ‘UN Principles and Guidelines on Access to Legal Aid in Criminal Justice System’, which is considered to be the first legal instrument for providing legal aid rights. At the national level, India is much ahead and considers legal aid as a basic right that flows from access to justice. The Constitution of India, through Articles 21 and 14, has identified fundamental rights through the active participation of judiciary. Article 39A specifically states the state’s duty towards providing legal aid. On the same line, there are provisions in civil and criminal law for providing free legal aid, so that access to justice can be achieved. In addition, the Legal Services Authorities Act, 1987, also works towards this goal by providing National Legal services Authorities (NLSA), District Legal Services Authorities (DLSA) and establishing Lok Adalats. The Bar Council of India made it compulsory for all law colleges and universities to establish legal aid cell to spread awareness about basic laws and free legal aid through various programmes. The Ministry of Law and Justice has also come up with the scheme of Designing Innovative Solutions for Holistic Access to Justice (DISHA) to achieve this constitutional mandate through the pro bono culture. In this article, Introduction gives a brief introduction to legal aid and its changing importance. In Development of the Concept of Legal Aid, historical development is traced to understand the need for legal aid in the early period. Analysis of Present Precise Legal Safeguard to Legal Aid focuses on the development of legal aid after the introduction of the Legal Aid Act and the efforts taken by the government and other educational institutions or contributing to promote to access to justice in the present era. In Legal Aid at an International Regime, some international efforts have been made to find legal aid in some developed countries. Way Forward provides the way forward for legal aid and discusses available best practices followed in this area with certain suggestions. Citation: Asian Journal of Legal Education PubDate: 2024-06-06T04:28:15Z DOI: 10.1177/23220058241253394
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Authors:Bidisha Bandyopadhyay Abstract: Asian Journal of Legal Education, Ahead of Print. This intricate analysis delves into the discernible inconsistencies characterizing the European Court of Human Rights’ (ECtHR) application of the margin of appreciation (MoA) doctrine concerning Article 9 of the European Convention on Human Rights. The evident absence of explicit guidelines delineating the parameters of the margin, exemplified by the Kokkinakis case, results in a perplexing and contradictory implementation of this legal tool. The Court’s vacillation in standards of review, notably illustrated in Sahin’s and Lautsi’s cases, underscores a jurisprudential ambivalence in matters of religious expression. Moreover, the Court’s oscillation in calibrating the margin, as observed in S.A.S v. France and Eweida and Others v. UK, raises valid concerns about judicial impartiality and potential predilections. The reliance on the absence of European consensus, as seen in cases like Dahlab v. Switzerland and Lautsi v. Italy, introduces an element of interpretive subjectivity that may undermine the robustness of human rights imperatives. In light of these complexities, this analysis calls for a more lucid, principled and judicious application of the MoA doctrine by the ECtHR to ensure the consistent protection of fundamental human rights within the European legal framework. Citation: Asian Journal of Legal Education PubDate: 2024-06-03T01:26:39Z DOI: 10.1177/23220058241253180
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Authors:Daksha Sharma, Smriti Kumari Abstract: Asian Journal of Legal Education, Ahead of Print. The Indian legal system is founded on the principles of justice, liberty, equality, fraternity, unity and integrity. It highlights the ethical values related to fairness, reasonability, rationality, transparency and accountability, which ensure access to justice as well as ease to justice. The glaring foundations of our legal education are based on the famous adage ‘Yatho Dharma, thatho Jayaha’, which means that where there is righteousness, there will be victory. The idea of justice is a part of our cultural and historical context. Legal education can be a significant tool for achieving a just and equitable society. It is the foundation for creating skilled, socially and morally responsible lawyers, who are prepared to fight for the cause of justice. Quality legal education provides tremendous potential to enhance access to justice by focusing on ethical principles, social justice and imparting practical skills, a transdisciplinary approach and technical competency to the students.In India, modern clinical legal education started with the five-year integrated law programme which gained popularity in the early twenty-first century. Although the primary objective of starting clinical legal education was to impart practical industry-oriented training to law students, now the recent trend also suggests the inclusion of legal aid programmes and specialized professional training with the directives of the courts to achieve access to justice. The legal aid clinics of prominent law universities, colleges and schools are playing a pivotal role in helping the underserved and marginalized section of society to have access to justice by way of legal aid programmes, awareness workshops and paralegal training. This article will explore the intricate relationship between legal education and societal access to justice and will shed light on the role that a law school ought to play in advancing access to justice. It will also explore several ways in which legal education supports the development of an inclusive, egalitarian, dynamic, progressive, peaceful and just society. Citation: Asian Journal of Legal Education PubDate: 2024-05-30T06:43:36Z DOI: 10.1177/23220058241253403
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Authors:Rumi Roy Abstract: Asian Journal of Legal Education, Ahead of Print. S. Sivakumar, Prakash Sharma and Abhishek Pandey (Eds.), Clinical and Continuing Legal Education: A Roadmap for India (Gurgaon: Commonwealth Legal Education Association and Thomson Reuters, 2021), xlv + 460 pp. ₹1,450 (Hardcover), ISBN 978-9-3906-7300-1 Citation: Asian Journal of Legal Education PubDate: 2024-04-26T07:53:15Z DOI: 10.1177/23220058241246220
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Authors:Anil Balan Abstract: Asian Journal of Legal Education, Ahead of Print. In legal education, the affective domain plays a vital role in shaping future lawyers’ professional identities, values and ethical decision-making capabilities. However, law schools in England and Wales face specific challenges in addressing the affective domain successfully in the context of cultural and institutional diversity. These include the predominant emphasis on doctrinal instruction and analytical thinking, neglecting emotional intelligence and ethical development and the emotional demands placed on law students. Law schools must also address implicit biases, combat discrimination and foster a supportive and inclusive environment. To overcome these challenges, law schools can integrate courses addressing the affective domain, offer opportunities for self-reflection, mentorship and peer support and invest in faculty development programmes. Collaboration with the legal profession can also bridge the theory–practice gap. By understanding and addressing these challenges, law schools can equip students with emotional intelligence, empathy and ethical foundations for successful legal careers. Citation: Asian Journal of Legal Education PubDate: 2024-04-26T07:52:52Z DOI: 10.1177/23220058241246219
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Authors:Tareq Al-Billeh Abstract: Asian Journal of Legal Education, Ahead of Print. The article analyses the mechanism of teaching law subjects using educational robots by showing the role that robots play in developing legal skills among law students and faculty members in universities. Educational robots enhance and develop higher-order thinking skills among law students, such as creative and critical thinking and the skill of solving legal problems, through managing and organizing time and identifying legal and judicial sources. Today, educational robots are increasingly being used to develop legal skills in classrooms as a means of teaching legal science concepts. The use of virtual and augmented reality in educational robots in legal fields is also widely accepted, allowing law students to interact with robotic systems within a simulated environment among law students. The study reached several results and recommendations, the most important of which is that educational robots. In particular, robots teaching law subjects are one of the most important technical developments in the field of e-learning, which are widely spread in the educational community because of the possibilities they provide in obtaining legal information with infinite high accuracy. The study also recommended the need to allow the introduction of educational robots officially by official authorities in the classrooms to teach law subjects and to consider them an integral part of the educational process in law faculties in public and private universities. Citation: Asian Journal of Legal Education PubDate: 2024-01-31T06:25:04Z DOI: 10.1177/23220058241227610
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Authors:K. P. Asha Mukundan Abstract: Asian Journal of Legal Education, Ahead of Print. The Borstal system evolved through the Gladstone Committee Report (1895), England, which propagated differential correctional philosophy for adolescent offenders. The philosophy focused on rehabilitation and corrections through training in industrial trades followed by an intensive aftercare programme. The success of Borstal schools was credited to the synergy between legislature, institution and aftercare mechanisms. Borstal schools in India were influenced and modelled in this line. This article studies and compares the existing Borstal Acts in India. National Crime Record Bureau data (2020 and 2021) suggest that Borstals were functional in only 8 out of 29 states, and its occupancy rate was not optimal. This article raises concerns over the decline in the number and use of Borstal schools and tries to understand the reasons for the same. It advocates for the need to revive Borstal schools in the spirit of corrections for young adults against the backdrop of changes in adult and juvenile justice legislation. Citation: Asian Journal of Legal Education PubDate: 2023-12-15T06:24:35Z DOI: 10.1177/23220058231217182
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