Alperhan Babacan

A transformative approach to work integrated learning in legal education

Purpose – The purpose of this paper is to discuss the current context, scope and problems in the provision of work-integrated learning (WIL) in legal education and how the adoption transformative pedagogies in WIL which is offered in legal education can foster personal and social transformation in addition to enhancing lawyering skills. The paper draws on learning from Australia, England and the USA. Design/methodology/approach – The backdrop of this conceptual paper is WIL and transformative education. The text begins with a critique of existing WIL frameworks and practices in legal education in Australia, England and the USA. This exposes a focus on skills enhancement at the expense of social and personal transformation. Drawing on transformative learning, the paper proposes practices which can be used in WIL offered in legal education to enhance personal and social transformation. Findings – There is very little literature on how legal education and WIL in legal education can enhance personal and socia...

The Transformative Potential of an Internationalised Human Rights Law Curriculum

The increased interconnectedness of the world has resulted in the growing significance of relations between nations. This has caused universities to infuse the curriculum with international content. The absence of appropriate pedagogies is not likely to foster social and personal transformation to equip students with the necessary knowledge and motivation to respond to complex global issues concerning human rights and social justice. A social transformation model of internationalisation suggests that there is a need to reform the legal curriculum to foster individual and social transformation. Highlighting the centrality of critical reflection, dialogue and experiential learning and drawing on the literature of transformative learning and internationalisation, this article discusses how educators of human rights legal education can utilise the process of internationalisation to foster personal and social transformation. The suggestions outlined in this article are equally of significance to all legal educators desiring to implement emancipatory perspectives in legal education.

Enhancing civic consciousness through student pro bono in legal education

ABSTRACT A key aim of encouraging law students to participate in student pro bono, a form of experiential learning in legal education, is to develop their commitment to volunteer lawyering after graduation. This paper examines student pro bono in legal education in Australia and the United States. A critical review of the current approaches to student pro bono in both jurisdictions demonstrates that although student pro bono exposes students to lawyering skills, the absence of structured follow-up as part of student pro bono, results in limited changes to students’ attitudes to commit to volunteer lawyering. The benefits of adopting reflective activities as part of student pro bono are discussed. It is argued that transformative pedagogies can encourage critical consciousness and social transformation necessary for active involvement in volunteer lawyering after graduation. Teaching and learning strategies are suggested to simultaneously enhance social and personal transformation and to develop lawyering skills through student pro bono.

The (in)effective regulation of incorporated legal practices: an Australian case study

Abstract The incorporation of legal practices exposes legal practitioners to great commercial pressures, posing particular challenges to the regulation of the legal profession. Regulatory theory suggests that an effective regulatory regime would: (1) address an identified collective problem; (2) have a regulator(s) responsive to the non-compliances of regulatees; (3) adopt a regulatory structure and a system of checks and balances to mitigate capture of the regulators by the regulatees; (4) delegate power appropriately amongst the actors; and (5) employ a hierarchy of sanctions with the credible threat of a heavy ultimate penalty. When the structure of Victorias regulatory system and performance of its participants is compared to these theoretical prescriptions, it can be seen that the regulation of incorporated legal practices (ILPs) is currently ineffective. Correction will require, at a minimum, a more explicit recognition of the problems that ILPs present, a restructure of the regulatory environment, and redistribution of powers amongst the regulators. This conclusion carries implications for all Australian states and territories permitting incorporated legal practice, and should inform the British regulation of alternative business structures (ABSs).