Table of Contents

The Internationalisation of Legal Education

The Internationalisation of Legal Education

The Future Practice of Law

Edited by William van Caenegem and Mary Hiscock

The legal academy is responding in many varied ways to the challenge of producing lawyers adequately prepared to operate in a global environment. There is a renewed focus on lawyering skills, on core principles, on cultural context and on comparative research and study. This work advances the discussion of these issues while developing solid solutions and approaches to teaching law students destined for the future practice of law.

Chapter 2: Internationalisation and different national philosophies of legal education: Convergence, divergence and contestability

Michael Coper

Subjects: law - academic, comparative law, legal philosophy, legal theory

Extract

This chapter explores the idea of different national philosophies of legal education, and further, considers the relationship between those national philosophies and the legal values and legal culture of the nation’s underlying legal system. These are fascinating questions – but they make some big assumptions. The biggest assumption is that there is such a thing as a ‘national philosophy’ of legal education. So this is where I want to start, and I start unashamedly with the country I know best (though by no means perfectly or even authoritatively): Australia. In due course, I shall endeavour to put this into the context of internationalisation, because if there is any common factor in the convergence of national philosophies of legal education, it is probably a growing commitment to internationalisation. What is the ‘national philosophy’ of legal education in Australia? As a starting point, one might analyse Australian legal education in a variety of ways, first of all by reference to its structures or main features. This is essentially a descriptive exercise, and of course is commonly also the starting point for international comparisons. Unfortunately, it is also often the stopping point, exemplifying the dangers of superficial comparison in the pursuit of comparative law. But even at the level of description, the exercise is a challenging one for Australia – and if that is so, there is no reason to think that it would not be equally challenging for other countries.

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