Pub Date : 2008-11-26DOI: 10.1080/14760400802335763
J. Guth
This paper reflects on my first year as a law lecturer. It considers the conversations, chances and choices that have shaped my growing into the role of legal academic. Based on my personal reflections, the paper examines what it is that I think I am trying to do in carrying out the business of the university and how that fits within the institutional framework in which I operate. Mirroring the realities of my time as a lecturer so far, the paper focuses on my development as a teacher. 1 Bradney (2003).
{"title":"MY ‘CONVERSATIONS, CHOICES AND CHANCES’ 1 : BECOMING A LAW LECTURER IN THE 21ST CENTURY","authors":"J. Guth","doi":"10.1080/14760400802335763","DOIUrl":"https://doi.org/10.1080/14760400802335763","url":null,"abstract":"This paper reflects on my first year as a law lecturer. It considers the conversations, chances and choices that have shaped my growing into the role of legal academic. Based on my personal reflections, the paper examines what it is that I think I am trying to do in carrying out the business of the university and how that fits within the institutional framework in which I operate. Mirroring the realities of my time as a lecturer so far, the paper focuses on my development as a teacher. 1 Bradney (2003).","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113938747","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-11-26DOI: 10.1080/14760400802335722
Richard Grimes
Law students welcome the opportunity to put theory into practice by engaging in hands‐on legal work. Through this activity law schools and their students can make a valuable contribution to legal service provision directly addressing unmet needs. Providing the student involvement is supervised to a professional standard, all participants are potential winners. This article looks at the benefits and challenges of doing pro bono work in law schools and the models of pro bono and clinical activity using examples from a range of Commonwealth countries. 1 This paper is based on a presentation made at the Commonwealth Legal Education Association conference held in Kenya (September 2007). I would like to thank those who attended the workshop for developing my ideas and providing examples of clinical practice in other Commonwealth countries.
{"title":"WHY (AND HOW TO) DO PRO BONO WORK IN LAW SCHOOLS? 1","authors":"Richard Grimes","doi":"10.1080/14760400802335722","DOIUrl":"https://doi.org/10.1080/14760400802335722","url":null,"abstract":"Law students welcome the opportunity to put theory into practice by engaging in hands‐on legal work. Through this activity law schools and their students can make a valuable contribution to legal service provision directly addressing unmet needs. Providing the student involvement is supervised to a professional standard, all participants are potential winners. This article looks at the benefits and challenges of doing pro bono work in law schools and the models of pro bono and clinical activity using examples from a range of Commonwealth countries. 1 This paper is based on a presentation made at the Commonwealth Legal Education Association conference held in Kenya (September 2007). I would like to thank those who attended the workshop for developing my ideas and providing examples of clinical practice in other Commonwealth countries.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130051768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-11-26DOI: 10.1080/14760400802547615
Olufemi O. Amao
This paper discusses the emerging trend in the regulation of issues pertaining to corporate social responsibility (CSR) in Nigeria. The trend is examined in the context of problems raised by the operation of multinational corporations (MNCs). The paper discusses conceptual issues relating to the regulation of externalities caused by MNCs’ operations. It thereafter elaborates upon recent legislative attempts in Nigeria that may have impact on CSR practices of corporations including MNCs. The paper notes that the emerging trend in Nigeria underscores the importance of the law in shaping CSR practices by corporate actors.
{"title":"MANDATING CORPORATE SOCIAL RESPONSIBILITY: EMERGING TRENDS IN NIGERIA","authors":"Olufemi O. Amao","doi":"10.1080/14760400802547615","DOIUrl":"https://doi.org/10.1080/14760400802547615","url":null,"abstract":"This paper discusses the emerging trend in the regulation of issues pertaining to corporate social responsibility (CSR) in Nigeria. The trend is examined in the context of problems raised by the operation of multinational corporations (MNCs). The paper discusses conceptual issues relating to the regulation of externalities caused by MNCs’ operations. It thereafter elaborates upon recent legislative attempts in Nigeria that may have impact on CSR practices of corporations including MNCs. The paper notes that the emerging trend in Nigeria underscores the importance of the law in shaping CSR practices by corporate actors.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124004234","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-11-26DOI: 10.1080/14760400802547607
Abdulmumini A. Oba
Legal education in Nigeria derived inspiration from England but the legal terrain in Nigeria is very different from that of England. Law in Nigeria is a pluralistic affair; not only the imported common law but also Islamic law and a large host of ethnic‐based customary laws play important roles. What emerges from this is a fertile ground for conflicts and tensions which have characterised law and legal education in Nigeria. This paper addresses some of the problems relating to legal education in the country and focuses essentially on the problems arising from legal pluralism, the competition between the academic and vocational aspects of legal education, the process of accreditation of law faculties, the issues of qualifications of law teachers, and the need to decolonise law and legal practice in Nigeria.
{"title":"TOWARDS RETHINKING LEGAL EDUCATION IN NIGERIA","authors":"Abdulmumini A. Oba","doi":"10.1080/14760400802547607","DOIUrl":"https://doi.org/10.1080/14760400802547607","url":null,"abstract":"Legal education in Nigeria derived inspiration from England but the legal terrain in Nigeria is very different from that of England. Law in Nigeria is a pluralistic affair; not only the imported common law but also Islamic law and a large host of ethnic‐based customary laws play important roles. What emerges from this is a fertile ground for conflicts and tensions which have characterised law and legal education in Nigeria. This paper addresses some of the problems relating to legal education in the country and focuses essentially on the problems arising from legal pluralism, the competition between the academic and vocational aspects of legal education, the process of accreditation of law faculties, the issues of qualifications of law teachers, and the need to decolonise law and legal practice in Nigeria.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130975886","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-11-26DOI: 10.1080/14760400802335698
Ronnie K Boodoosingh
Learning advocacy skills is an essential component of the professional training of lawyers. These skills may be learnt using many different methods. There is a need to constantly review the methods being used. Training must also take place at different levels. This article reviews some of the methods being used in the Commonwealth Caribbean and makes suggestions for the future development of advocacy training. These prescriptions may be seen as relevant to other Commonwealth States.
{"title":"ADVOCACY TRAINING IN THE COMMONWEALTH CARIBBEAN: A BRIEF REVIEW","authors":"Ronnie K Boodoosingh","doi":"10.1080/14760400802335698","DOIUrl":"https://doi.org/10.1080/14760400802335698","url":null,"abstract":"Learning advocacy skills is an essential component of the professional training of lawyers. These skills may be learnt using many different methods. There is a need to constantly review the methods being used. Training must also take place at different levels. This article reviews some of the methods being used in the Commonwealth Caribbean and makes suggestions for the future development of advocacy training. These prescriptions may be seen as relevant to other Commonwealth States.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124078326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-11-26DOI: 10.1080/14760400802335680
Gonzalo. Villalta Puig
Legal ethics are the values that inform the practice of law. This article establishes what and how Anglo‐American law schools teach about legal ethics and suggests what and how Anglo‐American law schools should teach about legal ethics. First, the article establishes that law schools in Australia and the rest of the Anglo‐American world tend to teach legal ethics as if it were only concerned with the law of lawyering. It also establishes that Anglo‐American law schools tend to teach legal ethics discretely over the course of one subject out of the whole undergraduate curriculum. Secondly, the article suggests the adoption of a new approach to legal ethics as the ability to exercise legal ethical judgment. It also suggests a pervasive method of instruction that integrates issues of legal ethics and the process of legal ethical judgment into every subject in the undergraduate curriculum in combination with discrete subjects on the context and substance of the law of lawyering.
{"title":"LEGAL ETHICS IN LEGAL EDUCATION: A REVIEW AND CRITIQUE OF ANGLO‐AMERICAN APPROACHES AND METHODS","authors":"Gonzalo. Villalta Puig","doi":"10.1080/14760400802335680","DOIUrl":"https://doi.org/10.1080/14760400802335680","url":null,"abstract":"Legal ethics are the values that inform the practice of law. This article establishes what and how Anglo‐American law schools teach about legal ethics and suggests what and how Anglo‐American law schools should teach about legal ethics. First, the article establishes that law schools in Australia and the rest of the Anglo‐American world tend to teach legal ethics as if it were only concerned with the law of lawyering. It also establishes that Anglo‐American law schools tend to teach legal ethics discretely over the course of one subject out of the whole undergraduate curriculum. Secondly, the article suggests the adoption of a new approach to legal ethics as the ability to exercise legal ethical judgment. It also suggests a pervasive method of instruction that integrates issues of legal ethics and the process of legal ethical judgment into every subject in the undergraduate curriculum in combination with discrete subjects on the context and substance of the law of lawyering.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128220474","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-11-26DOI: 10.1080/14760400802547599
Fran Wright
Justification and excuse theory is regularly sold as the key to a coherent and just system of criminal defences: it is supposed to have practical as well as theoretical advantages. When applied to the defence of self‐defence, the theory fails to provide this. This is because writing on self‐defence that relies on justification and excuse theory alone cannot provide workable solutions to problems about the scope of self‐defence. If we are to find principled answers to some important questions about self‐defence, an alternative theoretical analysis will have to be developed. Proper development of self‐defence law would be better served through development of an alternative approach to the defence, one which is capable of explaining the form the defence takes in various jurisdictions and which can supply answers to the practical problems that arise with the defence.
{"title":"THE THEORY OF JUSTIFICATION AND EXCUSE AND ITS APPLICATION TO SELF‐DEFENCE","authors":"Fran Wright","doi":"10.1080/14760400802547599","DOIUrl":"https://doi.org/10.1080/14760400802547599","url":null,"abstract":"Justification and excuse theory is regularly sold as the key to a coherent and just system of criminal defences: it is supposed to have practical as well as theoretical advantages. When applied to the defence of self‐defence, the theory fails to provide this. This is because writing on self‐defence that relies on justification and excuse theory alone cannot provide workable solutions to problems about the scope of self‐defence. If we are to find principled answers to some important questions about self‐defence, an alternative theoretical analysis will have to be developed. Proper development of self‐defence law would be better served through development of an alternative approach to the defence, one which is capable of explaining the form the defence takes in various jurisdictions and which can supply answers to the practical problems that arise with the defence.","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129067243","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-11-25DOI: 10.1080/14760400802547573
A. Voiculescu
{"title":"Mind the Gap: Socio-Legal Scholarship for a Runaway World","authors":"A. Voiculescu","doi":"10.1080/14760400802547573","DOIUrl":"https://doi.org/10.1080/14760400802547573","url":null,"abstract":"","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130235241","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-10-01DOI: 10.1080/14760400903086646
J. Hatchard, P. Slinn, A. Voiculescu
{"title":"A COMMONWEALTH QUEST FOR SOLUTIONS","authors":"J. Hatchard, P. Slinn, A. Voiculescu","doi":"10.1080/14760400903086646","DOIUrl":"https://doi.org/10.1080/14760400903086646","url":null,"abstract":"","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121106470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2008-10-01DOI: 10.1080/14760400902969867
Paper prepared by Dr Susan C. Breau
{"title":"LEGAL ISSUES RELATING TO HUMAN TRAFFICKING","authors":"Paper prepared by Dr Susan C. Breau","doi":"10.1080/14760400902969867","DOIUrl":"https://doi.org/10.1080/14760400902969867","url":null,"abstract":"","PeriodicalId":107403,"journal":{"name":"Journal of Commonwealth Law and Legal Education","volume":"156 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114649110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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