Asian Journal of Management Sciences & Education Vol. 6(4) October 2017
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ISSN: 2186-845X ISSN: 2186-8441 Print
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A GLOBAL LABYRINTH OF AMELIORATING INITIATIVES (PART-II):
PEDAGOGIC THREADS BETWEEN SKILLS-BASED EDUCATION AND
THINKING LIKE A LAWYER
Christiaan Prinsloo
Seoul National University, Seoul,
SOUTH KOREA.
ABSTRACT
This paper is the second of two holistic, diachronic, integrative reviews on the
ameliorating initiatives for legal education. Part I described the general motivation
for the study rooted in the globalization of higher education that has led to the
transformation of legal education across international borders and especially in Asia.
Part I focused on the period between the 1960s through 1990s during which clinical
legal education, pedagogic principles, and law school academic support programs
proliferated. Continuing with the holistic methodology and integrative review
method, Part II is dedicated to the period beginning in the 1990s. The purpose of Part
II is to integrate five of the most influential qualitative and quantitative reports on the
development of skills-based legal pedagogy. In doing so, the analysis arrives at the
complex and compound skill called thinking like a lawyer that subsumes the
lawyering skills of skills-based pedagogy. The integrative review established that the
creative and considered use of a comprehensive collection of ameliorating initiatives
is most desirable to overcome the unidirectional internationalization of legal
education. The findings are in agreement with the holistic methodology that seeks
understanding based on a complex, social-systemic ontology. Parts I and II of this
integrative review culminate in a pedagogic thread through the labyrinth of
ameliorating initiatives for universities that reform their legal education in pursuit of
internationalized curricula.
Keywords: globalization of higher education, skills-based pedagogy, legal
and lawyering skills, thinking like a lawyer
INTRODUCTION
Because of globalization, law schools around the world attempt to internationalize their
curricula. The effects of globalization on international legal education manifest in at least five
interconnected areas that include the following: demographic diversity; curricular and
pedagogic homogeneity; the power of (American) substantive law; joint degree programs;
and legal English (see Part I). Similar to Part I, the overarching motivation and purpose of
Part II emanates from the integration of the globalization narrative with a holistic and
diachronic perspective on the ameliorating initiatives for legal education. As Edley (2012:
313) fittingly points out, legal education moved from a careerist focus on case analysis to an
academic focus on theory and method. Legal practice shifted attention from an interior
perspective on advocacy to an exterior perspective on “other forms of lawyering.” These
shifts compel legal education and practice to realign their goals and find appropriate
pedagogies.
More specifically, the motivation for skills-based pedagogy grew out of increased discontent
with traditional pedagogies and the ill preparation of students for legal practice. With
dwindling enrolment numbers amidst the financial downturn since 2008, American law
schools are facing dismal times (Cassidy 2012: 1515-1517; Cassidy 2015: 428-429; Martin