Computerising Legal
Education: What's in Store?
Robin
Widdison
Director, Centre for
Law and Computing
University of Durham
Robin.Widdison@durham.ac.uk
Abstract
This article explores current and
future trends in the development of two areas of educational
technology - computer based learning and computer mediated
communications. It explores these two converging technologies by
examining them from three main points - the present, the short term
and the longer term future. The next part of the article takes the
form of a speculation about how legal education may look in the
longer term. In the conclusion, an attempt is made to explain the
benefits of developing such a long term perspective.
Keywords: Legal
education, legal futurology, computerising law schools, education
technology, computer based learning, computer mediated
communications, the present situation, the short term future, the
longer term future.
This is a Refereed
Article published on 29 October 1999.
Citation: Widdison
R, 'Computerising Legal Education: What's in Store?', 1999 (3) The Journal of Information, Law and Technology
(JILT).
<http://elj.warwick.ac.uk/jilt/99-3/widdison.html>. New
citation as at 1/1/04:
<http://www2.warwick.ac.uk/fac/soc/law/elj/jilt/1999_3/widdison1/>
1. Introduction
What does the future hold in store
for legal education? Where is the computerisation of law schools
taking us over the next quarter of a century? Some argue that legal
futurology of this sort is nothing more than idle guesswork. But
how can an earnest search for such a perspective be thought of as
idle? Without it, we are flying blind. Even if speculation
admittedly involves guesswork, it can at least be informed
guesswork. It is true that detailed predictions must always be
suspect. The identification and exploration of the broader forces
that are propelling us into the future, however, may help give us
some control over the direction in which we are
travelling.
What are these broader forces? We
can now see that we have progressed from the first period of the
information society - the age of the computer - to the second
period - the age of the Internet. The expression: 'the network is
the computer' can be understood for what it is - prophetic wisdom
rather than abject nonsense. Today, Gibson's concept of
'Cyberspace' is more than simply science fiction. It describes a
digital dimension existing in parallel with our physical world that
we have begun to build. Indeed, we are already colonising
Cyberspace with our hopes and aspirations ( Rheingold, 1993 ). Bits now demand equal status with atoms. These two
types of basic building blocks are beginning to interact, to
converge and even to merge.
We know all this. But, where is it
leading us? And, in particular, how will academic law be effected
and changed over the next quarter of a century? In this paper, I
plan to undertake three tasks. First, I want to examine how
computer based learning may evolve. Second, I would like to explore
where our early experiments with computer mediated communications
as a forum for teaching could take us. I propose to undertake these
two tasks by looking at the coming changes from three standpoints -
the present, the short term and the longer term future. Third, I
will attempt to predict how legal education may look in the long
term before saying a few words by way of conclusion.
2.
The Present: Separate Development
2.1 Computer Based
Learning
After some modest early efforts in
the area of computer based learning, a large injection of central
government money helped produce Iolis . What is
Iolis ? It consists of two main components. First, it
comprises a collection of workbooks. Second, it contains one very
large resource book. The workbooks can best be thought of as
interactive open learning materials. They cover a wide range of
academic topics which are, at present, grouped together into
traditional subject areas. Such areas include both the 'core'
subjects i.e. contract, crime, European law, property, public law,
tort, and trusts as well as a growing number of optional subjects
such as consumer law, family law, and international law. These
workbooks may well prove useful for genuine open learning.
Primarily, however, they have been designed to slot into campus
based law courses as a cost effective addition to the traditional
diet of lectures, independent study and small group teaching
( Scott and Widdison,
1994 ) ( Paliwala, 1998 ).
The resource book is simply a
digital law library of full text source materials - predominantly
primary sources at present. It contains, for example, well over two
thousand case reports. The workbooks and the resource book are
linked together. Generally, cases and other authorities cited to in
the workbooks are connected directly to the source text of that
authority in the resource book. In addition, though, the resource
book can be used on its own as a stand-alone supplement to each law
school's over-subscribed collection of hard copy
materials.
2.2 Computer Mediated
Communications
To date, there have been a variety
of different experiments in the use of computer mediated
communications as a forum for small group teaching such as
tutorials and seminars. Experiments of this type of work have been
conducted at e.g. Durham, LSE, New Mexico, Saarland and Warwick. I
have reviewed and discussed most of these experiments in detail
elsewhere ( Widdison and
Schulte, 1998 ). In addition to the
above experiments, though, there have also been attempts to develop
more innovative activities for students using the medium of
information technology. For example, Hardy ( 1994 )
describes an experiment that he designed and conducted. A group of
fourteen students was required to collaborate in the drafting of an
ideal constitution for a fictitious country called Dalmatia. The
group had to accomplish this task via a single medium only - that
of email discussion. The experiment took place over the period of
one whole semester. More recently, Lancaster University Law
Department has used computer mediated communication as the primary
medium for an extensive negotiation exercise with first year
students ( Armitage and
Steeples, 1998 ) ( Bloxham, 1998 ).
Email and electronic conferencing -
the technologies used for the above experiments - can technically
be used for simultaneous - i.e. synchronous - communication.
Internet Relay Chat is an example of email used in this way.
However, all the above exercises in fact involved the use of the
technology for non-simultaneous or asynchronous communication.
Thus, all the 'electronic tutorials' look place over a period of
days rather than in the typical one hour slot that is allocated for
traditional small group teaching. Equally, this choice of
technology meant that there was little or no verbal, face-to-face
contact between the academics and students who were involved in the
experiments. Interaction was generally written and remote. These
two aspects of the existing experiments inevitably effected the
nature of the exercises considerably. This resulted in both
advantages and disadvantages over equivalent traditional methods
( Widdison and Schulte,
1998 ). Amongst the advantages
were:
-
Computer mediated communication
(CMC) freed users from geographical, temporal and logistical
constraints.
-
CMC provided each student with
greatly improved access both to the academic and to other
students.
-
CMC was less intimidating than
face-to-face discussion.
-
Use of current CMC technology
entailed practice of written communication skills.
-
CMC provided an instant record of
communications that could then be stored, processed and reused.
-
The use of CMC made for ready
monitoring of performance.
-
Use of CMC provided an important
element of added value - acquisition and practice of computing
skills.
However, amongst the disadvantages
of using computer mediated communication to enable written, remote
activities where:
-
Exchanges of email made interaction
slow and inflexible.
-
Whilst email was been used with some
success for group discussion, face-to-face presence stimulated such
discussion much better.
-
Exercises developed for use with
email teaching needed to be highly structured.
-
The use of CMC seemed to demand more
self-discipline and self-motivation from the students than
traditional educational techniques.
-
CMC used in this way reduced the
opportunity for students to practice oral communication skills.
-
CMC teaching appeared to contribute
somewhat to the development of a 'cut and paste' mentality.
-
Today's law students (not to mention
staff!) have a cultural and technological threshold to be overcome
in the use of email and electronic conferencing. However, this
problem may simply not exist for future generations ( Tapscott, 1997 ).
A particular point to note about the
work that has been done in this area until now is that all the
electronic tutorials, seminars and innovative activities were
conceived and put together as stand-alone exercises - independent
of any computer based learning packages. The fact that such
packages may have been used by students in preparation for the
various computer mediated communication activities was purely
incidental.
3.
The Short Term: A Time of Convergence
3.1 Computer Based
Learning
In the near future, I anticipate
that two things will happen. First, we will see continued
development and enhancement of our existing set of interactive open
learning materials - Iolis . Second, I think that we will
see the beginnings of a cottage industry in computer based
simulation games for law teaching. As for Iolis , I think
that its popularity with academics will increase just as it has
already done with students. Academics will grow comfortable with
the technology, realising that it does have an important role to
play in campus based legal education. By then, they will have
integrated it into their courses as readily as they integrate
textbooks, casebooks and other hard copy materials today. The means
by which Iolis becomes part of the familiar furniture of
legal education is not a one way process though. I hope and expect
that there will be considerable improvements in both the quantity
and quality of Iolis materials over the period in
question.
As to quantity, the number of
substantive subjects covered by Iolis has expanded
considerably in the last half decade. I anticipate that this
process will continue at a similar rate until all but the most
esoteric courses are supported. Quantitative expansion will also
occur beyond the range of traditional substantive law areas. The
era of academic skills teaching is now upon us. A new draft
statement on qualifying law degrees ( Law Society et al , 1998 ) places a great deal of emphasis on this type of
educational approach. So, work is already underway on a set of
workbooks aimed at providing support for this rising area of study.
It is anticipated that the new skills section of Iolis
will contain workbooks on research, legal reasoning, communication
skills and numeracy. Information technology skills teaching will be
integrated with these other workbooks rather than dealt with in a
separate workbook. But, why confine Iolis to academic law
teaching? Law publishers' catalogues bear witness to a massive
growth in hard copy materials covering all aspects of vocational
education. It is also clear that continuing legal education has
opened up a huge new market for teaching and learning materials. I
suggest that it is now time to start giving serious consideration
to the politics and economics of developing computer based learning
packages for these markets too.
Increased quantity will be very
welcome. So too, though, will improved quality. Of the existing
workbooks some are excellent, most are good, a few are below
standard and one or two are bad. Keeping existing materials
up-to-date is not enough. Over the next few years, I hope that a
rolling programme will be adopted aimed at raising the educational
quality of workbooks that are below standard and replacing those
that are bad. The Law Courseware Consortium has already, wisely,
adopted a policy of looking to appoint editors whose role will be
to maintain and update workbooks within a subject area. However,
editing is not always enough. I think that this approach needs to
be supplemented by one that identifies unsatisfactory workbooks and
earmarks them either for radical improvement or for replacement as
seems appropriate.
Turning from existing workbooks to
new ones, ensuring the quality of the content right from the outset
is crucial, in my view. Perhaps at the start, each workbook author
should automatically be assigned an academic consultant to work
with. The consultant would then advise on content, educational
approaches and drafts throughout the authoring process. It may be
useful to choose a consultant who, whilst having respect and
sympathy for the author's views, none-the-less has a rather
different academic and/or educational approach to the subject area
in question. Then, the interaction between author and consultant
may be stimulating and productive rather than cosy. Quality of
content should, I feel, be supplemented by functional enhancements
designed both to deepen and enrich the learning experience
( Ramsden,
1992 ) and to attempt to loosen the
shackles of formalism ( Collins, 1994 ). With
this in mind, several page types have been proposed and are under
active consideration at present. These new page types
include:
-
A jigsaw page for exercises
involving the assembly of fragments into a whole graphical image
such as a graph, a chart, a table or picture;
-
A word insertion/replacement page
for exercises involving filling blanks with appropriate words or
phrases or replacing an incorrect or unsatisfactory word or phrase
with a correct or better one;
-
A table page for exercises that
involve manipulating data within a two dimensional grid;
-
A calculator/spreadsheet page for
exercises involving numerical calculations: e.g. damages
calculations; maintenance related calculations and calculations
connected with theoretical models such as economic-based theories
or game theory.
-
An 'obiter' page to introduce
important but tangential concepts, quotes and tips via 'the side
door' into the minds of students.
At least two other functional
enhancements are being considered for Iolis . One is an
integral monitoring system that will produce detailed feedback on
each student's performance on a workbook, highlighting areas of
weakness so that recommendations can be made on how to improve. The
second is better support for authors either in the form of an
on-screen demonstration or an interactive workbook on authoring.
Such support would, hopefully, stimulate authors into making
greater creative use of the page types and the other facilities
that Iolis offers, It would also encourage them to think
about how best to design for and achieve educational objectives.
Finally, such support would seek to guide authors on such issues as
the style and presentation of learning materials.
Lets us turn now from Iolis
to consider the next level of computer based learning software -
interactive simulation games. I have already mentioned that I think
we will see the emergence of a cottage industry in such games in
the short term. In the near future, individuals and small teams
will begin experimenting with the development of such simulation
games as a useful additional tool for academic law teaching. What
is the difference between Iolis and these simulation
games? I have characterised Iolis as a collection of
interactive open learning materials. A simulation game, by
contrast, is better understood as a type of interactive film within
which a student can play an key role in a drama. What sort of
drama? Here are some suggested legal scenarios:
-
Interviewing and advising a
client
-
Negotiating on behalf of a
client
-
Drafting a contract or other
instrument
-
Preparing and presenting a case at
trial
-
Arguing points of law before an
appeal court
-
Researching and briefing a law
commissioner on some crucial law change
-
Drafting a new piece of legislation
at the behest of a law maker.
I have discussed the potential
benefits of such simulation games elsewhere ( Widdison et al ,
1997 ). Suffice it to say here that I
believe that, if Iolis inevitably tends to foster a rather
analytical, serialist approach to learning, simulation games by
contrast are designed to encourage the development of a much more
synthesised, holistic approach ( Daniel, 1975 ).
Ultimately, simulation games are capable of providing a more
challenging and absorbing learning experience than Iolis
( Ramsden,
1992 ) ( Jones and Scully, 1998 ).
So, am I predicting that simulation games will eventually replace
Iolis ? No, they will compliment Iolis . In the
future, I see a continuing role for Iolis -type workbooks
to provide basic legal education for most law students. Interactive
simulation games will be the contribution made by computer based
learning to the more advanced legal education of these same
students. For the foreseeable future, we will be using both types
of packages.
3.2 Computer Mediated
Communications
One of the most significant
technological changes that we can expect to see in the short term
is the general availability of cheap, PC based video conferencing
technology. This means that simultaneous communication will become
as easy to establish as non-simultaneous communication is today.
The proliferation of such technology will add the key dimension to
computer mediated interaction that is currently missing. Video
conferencing will enable face-to-face, verbal interaction to take
place just as readily as remote, text based interaction. However,
video technology will by no means replace email and electronic
conferencing. It will simply add greatly to the possibilities. What
we will see shortly is communications technology that is flexible
enough to be moulded not only into many of traditional forms of
communication, but also into a wide variety of innovative
'multimedia' forms of interaction. At this point, 'virtual
presence' will easier to achieve - and in some circumstances almost
as enriching - as actual presence.
What else in the near future? I
agree that we will see moves towards a convergence of computer
based learning and computer mediated communications ( Moodie, 1997 ). Early experimental work of this type is already being
undertaken ( Grantham,
1999 ). Rather than these educational
technologies operating independently of each other, we will
increasingly be exploring ways of using them in harness, thus
profiting from the advantages of both - and hopefully without
ending up suffering from the disadvantages of both! I think that
initially we will use the two technologies consecutively -
alternating between computer based learning and computer mediated
communication. Concurrent integration - tantamount to full
integration of the two technologies - will come later.
Here is a scenario in which the
technologies are used consecutively for the most part. A group of
students are offered an initial session on a legal topic that they
wish to study. This session serves to introduce those students to
the topic and to highlight the interesting and problematic areas.
The initial session may take the form either of pre-recorded,
'video-on-demand' lectures or a computer mediated pre-tutorial.
Perhaps both will be offered, enabling each student to choose
his/her preferred introduction. Some students may, of course,
choose both! After the introductory session, students then
undertake private study by means of Iolis -style
interactive open learning materials coupled with a digital library
of full text sources. As each student works through these
materials, any areas of difficulty he or she encounters can be
referred directly to the appropriate academic member of staff via
simultaneous video-conferencing or non-simultaneous email whilst
the issue is still fresh in the student's mind. At an appropriate
stage in the educational process, the academic will schedule a
computer mediated tutorial. At this point, he or she can gauge how
well each student has advanced and advise on suitable remedial work
for those who have not progressed sufficiently. More advanced
students can then be assigned further reading and encouraged to
place their growing understanding of the topic in question both
within the framework of the subject as a whole and then within a
wider context.
4.
The Longer Term: Towards Full Integration
4.1 Computer Based
Learning
Five to ten years from now, I hope
to see a new pump priming exercise - an injection of central
government funds similar to that which brought about
Iolis . This time, though, the focus will be on the
development of more advanced educational technology. For law, I
anticipate, this will mean the interactive simulation games that I
mentioned earlier. So, just as an injection of cash moved the
development of interactive open learning materials up from a
cottage industry to large scale mass production, this change will
be mirrored in the production of interactive simulation games.
Their time will have come. The preceding cottage industry will help
identify the starting point for the development of this new
generation of teaching tools.
As interactive simulation games will
move from the wings to centre stage, so too a new, even more
advanced generation of educational technology will occupy those
vacant wings. What will be the nature of this new species of legal
software? My guess is that it will take the form of what I shall
call 'virtual tutors' ( Widdison, 1996 )
( Paliwala,
1999a ). These virtual tutors will not
be computer based learning packages in the sense that we now
understand. Rather, they will be designed to function as managers
of the learning process. Each student will be given his/her own
virtual tutor. It will be an intelligent agent which will be
personalisable - and will then autonomously personalise itself
further - so as to mould itself exactly to the academic level,
intellectual ability and psychological learning style ( Honey and Mumford, 1992 ) of the individual student that it is assigned to
serve. At first, interaction with such tutors may be of the 'point
and click' variety. Eventually, though, I anticipate that the
barriers between virtual tutors and their allotted students will be
lowered as the tutors become capable of conversing by, and
responding to, natural language, whether in spoken or written
form.
The first service each virtual tutor
will perform will be to devise and recommend a suitable learning
strategy and timetable for the student to whom it is assigned. It
will then guide its client along a customised route through
available computer based learning packages, computer mediated
interactions and other educational resources - both digital and
traditional. It will be sufficiently flexible to be able to slow
down or return to difficult areas, to speed up or skip easy or
inappropriate areas. It will be capable of modifying the learning
strategy it is pursuing at any time in order to optimise the
learning experience of its client. Whilst managing an education,
the virtual tutor will simultaneously be 'informating' - i.e.
constantly monitoring, assessing and reassessing the student's
progress and needs ( Zuboff, 1988 pp 9-11). We
can even imagine a time when such informating may take over from
the much despised memory tests that are examinations and the
over-rated alternative that we call continuous assessment. Imagine
just how much more accurate a report based on genuinely continuous
feedback from the virtual tutor would be by comparison with the
existing means of summative assessment. Such machine based
assessment would also, of course, be painless for
students!
There is no reason why the student
and his/her own, personalised tutor need part at the end of
academic study. In Dearing's learning society where lifelong
learning is the norm ( 1997 ), it may come to
seem perfectly appropriate for the virtual tutor to be a lifelong
guide and friend. It will accompany its client through the
vocational phase of legal education - if that continues to be
separate from the academic phase - and on to the now everlasting
third phase of continuous legal education. I can imagine that the
virtual tutor will evolve beyond the handling of the on-going
learning process to assisting in the operation and management of
the legal practice of the future.
4.2 Computer Mediated
Communications
When discussing the short term, I
predicted that computer based learning and computer mediated
communications would converge, leading at first to consecutive use.
In the longer term, I envisage full integration giving rise to
concurrent use. Let me illustrate this by inserting a new stage to
the scenario I discussed earlier.
After private study and before the
computer mediated tutorial, the students would be encouraged to
take part in an appropriate interactive simulation game. Perhaps
this simulation game would work rather like computerised card games
of today such as Bridge or Poker ( Blackie and Maharg, 1998 ). It may begin by suggesting to one student
that he/she contact other students in order to invite them to take
part. The relevant software could then act like a casting director.
It would allocate roles to all the students who expressed an
interest in taking part and itself fill the roles of any remaining
characters in its dramatis personae. An alternative, less
technology-intensive type of simulation game might also be chosen.
This alternative group activity would be rather like the Multi User
Simulation Environments (MUSEs) that have already existed on the
Internet for some years ( Rheingold, 1993 p
155). In the latter case, the computer would do no more than
provide the scenery and the props, leaving the students to evolve
their own role-playing game, distributing all the roles between
them and determining the course of the drama.
In the longer term, I anticipate law
modules being designed 'from scratch' to make full use of computer
mediated communications integrated with computer based learning. A
typical module designer (whether human or software!) will have a
wide range of educational tools to draw on in addition to the
'up-front' methods of learning such as traditional lectures,
seminars and tutorials. This will make effective module design much
more complex and challenging that it is at present. After all, the
number of tools from which the designer will be able to select will
have more than tripled! No doubt it will take experiment and
experience to select from the available techniques and to combine
and mould them together effectively. However, this type of problem
is already common enough even in today's manifestation of the
information society.
What types of education tools will
the module designer be choosing from? In addition to the
traditional approaches, all the following will be on
offer.
-
Simultaneous video conferencing and
internet relay chat
-
Non-simultaneous email and
electronic conferencing
-
Interactive open learning
workbooks
-
A digital law library of full-text
source materials
-
Computer based simulation
games
-
Virtual tutors
Over time, I imagine that more use
will be made of the newer approaches and less of the traditional.
In particular, virtual presence will slowly come to replace actual
presence. This does not mean that actual presence will be regarded
as an inferior commodity, though. Rather, the opposite will be
true. Actual presence will, by then, be valued as an especially
precious and expensive resource - something to be offered to all
students, albeit rather more sparingly that is typically the case
now. I anticipate actual presence will be made available to
students with something like the frequency with which it is offered
to today's Open University students. We will return to this issue
later.
5.
The Impact on Legal Education
If we project forward some of the
developments in educational technology that we have been
discussing, what sort of vision may we have of legal education
twenty five years from now? Here, I will tentatively suggest some
possibilities. To give the discussion structure, I will focus my
forecasting on three areas: students; academics and law
schools.
5.1 Law Students
The first technology driven change
for law students is that the various discrete ways of studying law
will become a flexible continuum. This continuum will encourage and
support the development of a 'learning-on-demand' culture. Whether
one studies on campus, at home, or at work; whether study is full
time or part time, by day or in the evening - all these varieties
will be available on every degree programme. Students will be able
to switch from one scheme to another at will. Equally they will be
able to study some modules full time by day whilst simultaneously
taking other modules part time during the evening. Students in a
hurry to complete a law degree programme may be able to choose to
pack their studies into the minimum allowable time - three years or
even two. Such an approach may well suit the young school leaver
who wishes to get into a career as quickly as possible. At the
other end of the spectrum, mature students who are carers, who are
in some other type of employment, or who cannot afford to support
themselves full time in their studies may well choose to spread
their programme of study over the maximum allowable time - perhaps
ten years. But the system will be flexible. If our school leavers
start a family or gets a job, they will be able to slow down the
pace of their study - perhaps even stop for a while. Likewise,
mature students who, for example, obtain help with child care or
who get leave of absence from their work will be able to speed up
the pace.
If the above prediction is accurate,
we will move into an era of 'open study' ( Twining, 1997 p 287). Law school doors will be open to those who have
never had the opportunity to study law in the United Kingdom
before. I anticipate that a far higher proportion of future law
undergraduates will be mature students having spent time away from
education after leaving school. It will, perhaps, become much more
common to study law in one's twenties, thirties, or in middle age.
Law will not only be a natural choice for school leavers in a hurry
to get into legal practice. It will also be a natural choice for
life-long learners who are interested in a change of career, who
want to equip themselves to deal with their own or other people's
problems, or who wish to broaden their understanding of how states,
societies and economies work. This highly personalisable regime of
study is by no means a new phenomenon. It is very much the way that
the Open University operates today. However, in Dearing's learning
society ( 1997 ), instead of this
flexibility being virtually unique to one higher education
institution, it will become the normal way to study law.
Educational technology will ensure that all law schools will easily
be able to accommodate such flexibility in their law degree
programmes.
Clearly, we are moving rapidly
towards a situation where each student will access and work with a
variety of educational tools. Does it follow that virtual presence
will completely obviate the need for any actual presence?
Generally, I think not. There may be a few students who, because of
location, commitments, or preference will complete a whole law
degree programme without any actual presence. For the rest, though,
I think that actual presence will still be encouraged and expected.
Periodically, students will be required to attend in person at a
law school study week. There, they will take part in intensive
activities with fellow students and academic staff. These study
weeks may take place at a regional study centre used by a number of
local law schools. Alternatively - especially during the summer -
they will be at a centre or hotel either by the sea or in one of
the nearby national parks. Free cr?che facilities and organised
activities for older children will be available. Student-orientated
activities will typically involve short lecture courses by
'big-name' academics, competitive mooting and role-playing games,
group problem-solving exercises, actual visits to local courts,
tribunals and law firms and, of course, socialising! Competitions
will not pit individual student against student in a traditional,
unrealistic way. Rather, they will be team based and so more like
the real world. Such competitions will take the form of pitting one
team of students against others in reasonably friendly rivalry.
This will provide the benefits of both promoting esprit de
corps within the teams themselves and fitting the would-be
practitioners with the sort of cognitive and social skills that are
now recognised as essential in the legal world ( Paliwala, 1999a ).
Ready access at all hours to an
individually selected range of educational technologies will allow
for a greater and greater degrees of personalisation of legal
education. This development will, I feel, be accelerated by the use
of the type of the virtual tutors that I described earlier.
Individual students will be able to progress at their own pace on a
programme of study that has been tailored precisely to their own
prior knowledge, ability and level of motivation. As we have seen,
as a result of the deployment of such virtual tutors, each law
degree programme will optimise individual learning by reflecting
and exploiting each student's own psychological learning style
( Honey and Mumford,
1992 ).
5.2 Legal Academics
If we look at modern law schools,
there is already a wide variety of work relationships in evidence.
It may well be that the core still comprises permanent, full-time
lecturers employed by the law school or university in question.
However, it is also striking that around this core are typically to
be found a broad outer layer comprising a variety of other
permanent and temporary work relationships. These include not only
part time employees but also both full time and part time,
self-employed academics. Even full time core staff sometimes attend
other law schools in Britain and abroad for short periods as guest
academics or on an exchange. Part timers - whether full or part
time may well combine law teaching with legal practice or work for
two or more law schools at once.
How may this already varied picture
change over the next quarter of a century? I think that the core
will shrink and the outer layer will expand to fill the vacuum.
More importantly, the perception of what is normal will come to
embrace the whole spectrum between the permanent, full-time,
employed lecturer at one end and the temporary, part-time, self
employed academic on the other. My image of the latter end of the
spectrum is something like that of the modern Bar. Many academics
will obtain their educational accreditation from the Quality
Assurance Agency and then will operate as peripatetic scholars and
teachers, hiring themselves out simultaneously to a number of
employers in order to do a number of specific educational jobs
within the area of their interests and expertise. We may even see
the emergence of one-person law schools - individual academics with
an excellent reputation taking on and educating small number of
students in their areas of specialism. Although this arrangement it
may well completely suffice for a student taking taught masters or
research degrees, it can only provide a proportion of an
undergraduate's education. Some undergraduates, though, may take
the whole of their degree programme by studying with several such
individual, accredited academics instead of going to a single law
school.
Writing about legal practice,
Susskind ( 1996 p 286) predicts
that the role of legal practitioners will change dramatically. He
claims:
While most of the work of a
lawyer in today's paradigm is advisory and consultative in nature,
the emphasis will shift radically in the information society as
many lawyers assume the role of legal information engineer and
devote much of their professional lives to the design and
development of legal information services and
products.
In my opinion, this prediction will
hold true for academic lawyers too. Virtually every lecturer will
be involved - either individually or as a member of a team - in
devising, setting up, customising and updating electronic learning
technologies in their specialist areas. But the role of the
academic in 2025 will still involve some more familiar activities
too, albeit done in different ways and under different
circumstances. So, as we have seen, there will be a far wider
selection of learning tools and techniques available to those that
design modules and degree programmes - whether human or machine.
Information technology provides not only many more ways of doing
traditional educational activities but also the possibility of
doing completely innovative activities that simply were not
possible before. The prime beneficiary will be the student as an
individual. Our current 'one size fits all' degree programmes must
surely give way to personally tailored programmes matched precisely
to the needs, desires and psychological learning profile of each
student.
Turning to the research side of
academic life, I think that, in this sphere, it will be much more a
case of 'business as usual'. There will still be plenty of funds to
be applied for, projects to be undertaken, surveys to be conducted,
conference papers to be produced and presented, journals to be
edited, and scholarly books, articles and reviews to be written.
The most striking difference between then and now is that these
activities will generally involve teleworking from home and they
will be conducted via online libraries and computer mediated
communications. The rise of teleworking will be, perhaps, one of
the most striking changes that will occur over the next twenty five
years. It is true that such orientations to work are relatively
rare today. Reasons that are cited include the fact that employers
often still assess work value by reference to input rather than
output, Also, they prefer to have their workers on site where they
can keep an eye on them. As for the workers, they find teleworking
rather an isolating, lonely experience. These barriers - part
technological and part cultural - will not last for ever, though.
The coming of ubiquitous video conferencing bringing with it a true
sense of virtual presence - the next best thing to actual presence
- will reduce the technological obstacle. The cultural hurdle will
be overcome naturally for the next generation - the 'Net
generation' - of both employers and workers ( Tapscott, 1997 ). Most of those who will be starting out on an academic
career in 2025 are being born now. They will be surprised and
faintly amused by our angsts.
As for research input, digital
methods are already commonplace amongst today's legal academics. It
is now as important to be adept at electronic searching as it is
with the traditional equivalent. I imagine that electronic research
may be easier a quarter of a century from now. Firstly, today's
surfing excellence will be greatly enhanced by our machines.
Sophisticated autonomous agents - personal search engines - will
constantly monitor the holdings of online libraries. They will the
compile customised weekly, daily or hourly bulletins comprising all
but only the legal news of interest to their particular academics
( Negroponte,
1996 pp 19-20). Databases of past
bulletins coupled with a detailed and up-to-date knowledge of where
to find other information on the Internet will also enable these
agents to search thoroughly and find information on command.
Secondly, when perhaps 99% of the world's primary and secondary
legal materials are readily accessible online, only a few academics
such as legal historians will need a working knowledge of how to do
things in the old ways.
On the topic of research output, we
are now familiar with finding books, journal articles, conference
proceedings and postgraduate theses in full text, or at least
abstract form, on the Internet as well as on paper. There is a
growing tendency to publish such works solely on the Internet.
Clearly, this tendency will rapidly become the norm. Soon, the
global outpourings of legal scholars will only be published
electronically and will be accessible and downloadable on a
subscription or pay-per-view basis.
5.3 Law Schools
By 2025, will we end up with a
single, enormous Open University-style of law school, on the one
hand, or a thousand miniature law schools all clamouring to be
noticed, on the other hand? My forecast is that neither extreme
will occur. I anticipate that there will still be around a hundred
law schools in the United Kingdom together with a penumbra of the
type of one-person schools that I mentioned above. However, I do
foresee a number of key changes resulting in a great deal more
diversity and giving prospective law students a more meaningful
choice of routes to qualifying in law.
Law schools will greatly accentuate
their different philosophies and approaches both to law and to
legal education. So, for example, prospective students will be able
to choose between law schools at one extreme which are strongly
academic and contextual and those at the other extreme that are
highly vocational and clinical in character. Equally, they will be
able to choose between schools with a radical and innovative
approach to the study of law on the one hand and those with a more
traditional outlook on the other. Needless-to-say, there will be a
wealth of possibilities between these extremes. I also think it
likely that while some law schools will offer a wide range of
modules, others will come to specialise in particular areas of the
law - e.g. private law, public law, European law, and international
law.
Diversity will be further increased
as many law students detect an advantage in beginning their studies
at one law school and then moving on to others for a different
phase of their education. Conceivably, a law student may choose to
study at more than one law school simultaneously. The trend towards
globalisation of information and institutions will mean that these
law schools may well not be located in the same country or even
continent. Where, for example, a chosen module involves studying
the laws of another state, the student may choose to learn that
subject at a law school in that state. Those taking French law will
be free to study at a French law school, those choosing Chinese law
at a Chinese law school etc. Furthermore, perhaps the specialised
law schools we were discussing above will form partnerships - in
time, even merge - with schools based in other countries with the
same specialisms.
6.
Conclusion
Most of the current discussion about
the impact of computerisation on legal education focuses on what is
happening now or in the near future. However, without some
attention to the longer term possibilities, this discussion must
inevitably lack a sense of perspective. If we lack such a
perspective, educational technology can seem like an irritation, a
distraction, even a threat to law students, academics and law
school administrators alike. And, unless we have this sense of
perspective, how can we have any sense of where we are heading - or
where we may wish to go? If we make the effort to peer into the
longer term future, I believe that we will be rewarded. We will
begin to understand what is happening to legal education - and
maybe even strive to take control over the direction in which we
are moving. Perhaps we can then try to make sure that educational
technology will help us towards our shared goal of offering a
deeper, more varied, and more stimulating environment in which to
learn law ( Paliwala,
1999b ).
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