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The training of would-be lawyers in Vietnam: the current system, recent developments and potential transformation 越南准律师的培训:目前的制度,最近的发展和潜在的转变
IF 0.8 Q2 Social Sciences Pub Date : 2023-02-06 DOI: 10.1080/03069400.2022.2153310
Ai Nhan Ho
ABSTRACT This paper discusses how would-be lawyers are trained in Vietnam and analyses some recent developments and potential transformation. Under the current Vietnamese system, law graduates have to go through the professional training delivered by the Judicial Academy – a national legal professional school, and 12 months practising as a probationary lawyer in a law firm, before sitting the Bar Examination. Those successfully passing the Bar Examination are licensed by the Minister of Justice to practise law. However, Vietnamese legal education is a relatively new and theoretical-based system with various challenges that have limited the quality of law graduates. This, in turn, has adversely affected the training of would-be lawyers in Vietnam. The limitations in professional training delivered by the Judicial Academy have also contributed to this problem. Nevertheless, recent developments in Vietnam have promised some positive transformations and innovation towards a better lawyer training system in the future. These include the adoption of clinical methodology in legal education; the establishment of the Vietnam Law School Network; and the introduction of a Joint Training Programme for would-be lawyers, judges and public prosecutors.
摘要本文讨论了在越南如何培养未来的律师,并分析了一些最新的发展和潜在的转变。在目前的越南制度下,法律专业毕业生必须通过国家法律专业学校司法学院提供的专业培训,并在律师事务所实习12个月,然后才能参加律师考试。那些成功通过律师资格考试的人获得司法部长的执业许可。然而,越南法律教育是一个相对较新的、以理论为基础的体系,面临着各种挑战,这些挑战限制了法律毕业生的素质。这反过来又对越南未来律师的培训产生了不利影响。司法学院提供的专业培训的局限性也造成了这一问题。尽管如此,越南最近的事态发展预示着未来将朝着更好的律师培训体系进行一些积极的转变和创新。其中包括在法律教育中采用临床方法;建立越南法学院网络;以及为未来的律师、法官和检察官推出联合培训方案。
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引用次数: 0
In search of the evidence: digital learning in legal education, a scoping review 在寻找证据:法律教育中的数字学习,一个范围审查
IF 0.8 Q2 Social Sciences Pub Date : 2023-01-26 DOI: 10.1080/03069400.2022.2133212
Christine Storr, C. McGrath
ABSTRACT There is a lack of consolidated knowledge that identifies best practices when using digital learning tools, technologies and interventions in legal education. This paper seeks to illustrate the scope and nature of the current evidence that supports digital learning in legal education. The paper provides a scoping review of 10 years of empirical research in digital learning in legal education. Moreover, the paper discusses different forms of evidence in an effort to understand the kind of evidence legal scholars invoke when presenting what works in digital learning in legal education and why. In the paper, we present a picture of the empirical field of digital learning in legal education, including where these studies are being done, and the types of studies conducted. Moreover, we thematise the main findings across the studies: improved student learning, student satisfaction with digital tools, and drivers of engagement. We conclude by identifying some potential knowledge gaps.
摘要在法律教育中使用数字学习工具、技术和干预措施时,缺乏确定最佳实践的综合知识。本文试图说明当前支持法律教育中数字学习的证据的范围和性质。本文对法律教育中数字学习的10年实证研究进行了范围回顾。此外,本文还讨论了不同形式的证据,以了解法律学者在介绍法律教育中数字学习的有效方法时援引的证据类型以及原因。在本文中,我们介绍了法律教育中数字学习的经验领域,包括这些研究在哪里进行,以及进行的研究类型。此外,我们将研究的主要发现主题化:学生学习的改善、学生对数字工具的满意度以及参与的驱动因素。最后,我们确定了一些潜在的知识差距。
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引用次数: 0
Qualifying work experience: do Street Law projects provide a “legal service”? 合格的工作经验:街头法律项目是否提供“法律服务”?
IF 0.8 Q2 Social Sciences Pub Date : 2023-01-02 DOI: 10.1080/03069400.2022.2153311
L. Blackburn
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引用次数: 0
Pedagogical 2.0: the case of flipped reading 教育学2.0:翻转阅读案例
IF 0.8 Q2 Social Sciences Pub Date : 2023-01-02 DOI: 10.1080/03069400.2022.2142379
Doron Goldbarsht, Nathan Johnston
ABSTRACT Numerous studies prove that modern, student-centric approaches to tertiary education, such as blended learning, can enhance the quality of learning. However, while teaching methods have evolved, the texts from which students study remain the same. Little research exists examining the relationship between blended learning and the traditional textbooks currently in use. This article suggests taking the student-centric approach one step further by not just flipping the classroom, but also flipping the textbooks in legal education. We anticipate that the benefits that flow to students from flipped classrooms can be further realised by flipped readings. We aim to subvert the traditional approach to legal texts and adapt to the challenges of the past few years, informed by modern pedagogy and guided by our students. Our proposed approach to achieving these ends is through a novel “flipped textbook”. The article aims to shed light on the justification for the novel approach, and the method by which we aim to flip the readings. Further, the article aims to broaden the literature on student-centric pedagogy beyond examining the “active agents” of education (teachers) and towards examining the “passive agents” (here, textbooks). We hope to inspire further research and innovation in student-centric text design.
摘要大量研究证明,以学生为中心的现代高等教育方法,如混合学习,可以提高学习质量。然而,在教学方法不断发展的同时,学生学习的课文却保持不变。关于混合学习与目前使用的传统教科书之间关系的研究很少。本文建议,在法律教育中,不仅要翻转课堂,还要翻转教科书,从而使以学生为中心的方法更进一步。我们预计,翻转课堂给学生带来的好处可以通过翻转阅读进一步实现。我们的目标是颠覆传统的法律文本方法,在现代教育学的指导下,在学生的指导下适应过去几年的挑战。我们提出的实现这些目的的方法是通过一本新颖的“翻转教科书”。这篇文章旨在阐明这种新颖方法的正当性,以及我们翻转阅读材料的方法。此外,本文旨在将以学生为中心的教育学文献从考察教育的“主动主体”(教师)扩展到考察“被动主体”(此处为教科书)。我们希望能够启发以学生为中心的文本设计的进一步研究和创新。
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引用次数: 0
Designing higher education experiential learning for the post-pandemic hybrid workforce 为疫情后的混合劳动力设计高等教育体验式学习
IF 0.8 Q2 Social Sciences Pub Date : 2023-01-02 DOI: 10.1080/03069400.2023.2172245
Leela Cejnar, Elisabeth Valiente Reidl, Jennifer M. Fletcher
In the aftermath of the Covid-19 pandemic, the higher education sector worldwide has faced an increasing move towards a culture of collaboGration, to drive innovation and commercialisation, between universities, industries and policy-makers. In addition, there is pressure in the sector for greater diversity in international education, optimisation of hybrid models of online/face-to-face teaching and micro-credentialing. In 2020, the World Economic Forum predicted that “50% of all employees will need reskilling by 2025, as adoption of technology increases”. Law graduates also face an increasingly automated workplace, which will expect employees to generate valuable client relationships, while identifying cost and other efficiencies, through the use of a variety of digital technologies. During the Covid-19 pandemic, as teachers who had to suddenly embrace technology and the digitisation of education and adapt to unprecedented times, we became more acutely aware of the longer-term impact that the “virtual world” of learning can have on preparing students for their futures of work, irrespective of disciplinary background. We explore what it means to deliver “real-world” experiences when we design experiential learning curricula, to better “digitally” prepare our students for the workforce. For law graduates, this means facing a workplace which is increasingly embracing “digital fluency”, including through the use of hybrid workplaces, the adoption of “e-learning” or online training for induction and continuing education programmes, “on the job” use of AI-based tools for document review/analysis and storage, as well as for legal research and translation, interactions with other professionals and clients.
在新冠肺炎大流行之后,世界各地的高等教育部门面临着越来越多的向合作文化的转变,以推动大学、行业和政策制定者之间的创新和商业化。此外,该行业面临着国际教育更大多样性、优化在线/面对面教学和微型认证混合模式的压力。2020年,世界经济论坛预测,“随着技术采用率的提高,到2025年,50%的员工将需要重新培训”。法律专业毕业生还面临着一个日益自动化的工作场所,这将期望员工通过使用各种数字技术建立有价值的客户关系,同时确定成本和其他效率。在新冠肺炎大流行期间,作为不得不突然接受技术和教育数字化并适应前所未有时代的教师,我们更加敏锐地意识到,无论学科背景如何,学习的“虚拟世界”都会对学生为未来的工作做好准备产生长期影响。当我们设计体验式学习课程时,我们探索了提供“真实世界”体验意味着什么,以更好地“数字化”为学生就业做好准备。对于法律专业毕业生来说,这意味着要面对一个越来越接受“数字流畅性”的工作场所,包括通过使用混合工作场所、采用“电子学习”或在线培训进行入职培训和继续教育计划、“在职”使用基于人工智能的工具进行文件审查/分析和存储以及法律研究和翻译,与其他专业人士和客户的互动。
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引用次数: 0
What is legal education for? Reassessing the purposes of early twenty-first century learning and law schools 法律教育的目的是什么?重新评估21世纪初学习和法学院的宗旨
IF 0.8 Q2 Social Sciences Pub Date : 2022-12-20 DOI: 10.1080/03069400.2022.2153313
A. Mazhar
considers the tension between majoritarian political institutions such as Parliament and the judiciary. It is concerned with the perceived need to safeguard fundamental rights and the linked need to protect minorities from what J. S. Mill in On Liberty called the tyranny of the majority. In chapter 9 the author subjects the work of Sumption to critical analysis (at pp. 150–55) in what is the most sustained engagement with another legal theorist in the book. The book is not as integrated as it could be, and the theoretical material it introduces does not structure the work or inform the analysis of the substantive content. In places it is quite a difficult read for undergraduate students and the whole book is rather court centric. It gives insight into how judges see their role in public law cases, it provides an expert overview of recent developments in public law, and chapter 4 (and the first part of chapter 5) is an accessibly written original and valuable analysis.
考虑到议会和司法机构等多数派政治机构之间的紧张关系。它关注的是维护基本权利的必要性,以及保护少数群体免受J·S·密尔在《论自由》中所说的多数人暴政之害的相关必要性。在第9章中,作者对Sumption的作品进行了批判性分析(见第150–55页),这是本书中与另一位法律理论家最持久的接触。这本书并没有尽可能地完整,它所介绍的理论材料也没有构成作品的结构,也没有为实质内容的分析提供信息。在某些地方,这本书对本科生来说很难阅读,整本书都以法庭为中心。它深入了解了法官如何看待他们在公法案件中的作用,为公法的最新发展提供了专家概述,第4章(以及第5章的第一部分)是一篇通俗易懂的原创分析文章。
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引用次数: 1
Catering for international law students in a new world 面向新世界的国际法学生
IF 0.8 Q2 Social Sciences Pub Date : 2022-12-19 DOI: 10.1080/03069400.2022.2153312
M. Nehme
The start of the pandemic in 2020 changed the way many of the law faculties in Australia operate. Faculties who solely taught their law degree face-to-face had to shift gears suddenly and move overnight their education to an online space. Additionally, new international law students found that they could not enter the country due to the border closures that lasted for over 18 months. Existing international students had to decide whether they wished to stay in Australia and be separated from their families or leave and continue their studies on schedules that could be incompatible with their time zones. While classes were delivered in an online environment, there was a wide variety in the quality of delivery depending on the technological skills of the academics involved. Furthermore, as both the material and the delivery were designed hastily, the content did not take into account the cultural diversity of learners nor cater for the needs of international students. Legal academics had little time to reflect on their offerings, and it resulted, in many cases, in the development of inauthentic and incomplete teaching practices. Almost three years since the start of the pandemic, our lives are now returning to some sort of normalcy. The passing of time has allowed for improvement in the technological skills of staff. It has also provided the academy an opportunity to reflect on the experiences and needs of international students – needs that were initially ignored, marginalised or misunderstood. Consequently, law faculties have developed different formats to help with the integration of the international law student cohort who had started their degree during the pandemic and not yet stepped on Australian soil. This has been achieved through reflection on teaching experiences and the initiation of a range of activities. The focus of this article is on the way law faculties have attempted this integration through the delivery of classes and additional support offered to international students.
2020年疫情的开始改变了澳大利亚许多法律学院的运作方式。那些只面对面教授法律学位的学院不得不突然改变方向,一夜之间将他们的教育转移到网上。此外,新的国际法学生发现,由于边境关闭持续了18个多月,他们无法入境。现有的国际学生必须决定他们是希望留在澳大利亚与家人分离,还是按照可能与时区不符的时间表离开并继续学习。虽然课程是在在线环境中提供的,但根据相关学者的技术技能,提供的质量参差不齐。此外,由于材料和交付都是仓促设计的,内容既没有考虑到学习者的文化多样性,也没有满足国际学生的需求。法律学者几乎没有时间反思他们的课程,在许多情况下,这导致了不真实和不完整的教学实践的发展。疫情爆发近三年来,我们的生活正在恢复某种正常。随着时间的推移,工作人员的技术技能得以提高。它还为学院提供了一个反思国际学生经历和需求的机会——这些需求最初被忽视、边缘化或误解。因此,法学院开发了不同的形式,以帮助在疫情期间开始攻读学位但尚未踏上澳大利亚土地的国际法学生群体融入社会。这是通过反思教学经验和开展一系列活动实现的。本文的重点是法律系如何通过提供课程和为国际学生提供额外支持来尝试这种整合。
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引用次数: 0
From ivory tower to academic commitment and leadership the changing public mission of universities 从象牙塔到学术承诺和领导力——大学不断变化的公共使命
IF 0.8 Q2 Social Sciences Pub Date : 2022-12-09 DOI: 10.1080/03069400.2022.2145827
P. Leighton
After many decades of growth, internationalism, competitiveness and generally enhanced reputation, including for law, universities are today entering a less congenial period. There are many reasons for this. Some, such as Brexit are particular but others, such as the effects of the pandemic are more generalised. This is, therefore, a welcome book as it reflects on the roles of universities, largely beyond teaching and research. As the title suggests, its core concern is the nature of the relationship between universities and society more generally. Chapter 2 is especially insightful. It takes an historical and sociological approach, highlighting the fact that it was not until the eighteenth century that research, as opposed to teaching, became established. Today, we have become so conscious of “league tables” for research, its funding and outputs that it came as something of a surprise that this development was relatively recent. There is also a useful reminder that law, along with theology, medicine and the arts, was one of the first established disciplines of the early universities in Europe, though the rise of the English common law and its rejection of Roman law had a profound effect. The modern era has seen many initiatives to change the direction and nature of universities. The authors argue that the role of the university as an “academic community” has been subject to many challenges. For example, there has been the rise of the “entrepreneurial university” which capitalises knowledge and emphasises technology transfer. Probably the best-known universities adopting this model are MIT and Stanford University, USA, with their strong links to “Silicon Valley”. Strangely neglected is the rise of private, corporate universities, which are in some jurisdictions a common feature of legal education. Indeed, the essential differences between “public” and “private” institutions and their practical consequences are not fully explored, such as issues of accountability and the moves to seeing students as “consumers” – the focus of this book is largely on public universities. The book then considers many contemporary challenges, not least the role of technology and the rise of mass online learning. However, the bulk of the book is concerned with academic commitment and leadership (ACL) which is promoted as developing a more effective link between universities and society. ACL builds on the notion of corporate social responsibility(CSR) which has been a feature of management
经过几十年的成长、国际主义、竞争力和普遍提高的声誉,包括法律声誉,大学如今正进入一个不那么和谐的时期。原因有很多。有些,比如英国脱欧是特殊的,但另一些,比如疫情的影响则更为普遍。因此,这是一本受欢迎的书,因为它反映了大学在教学和研究之外的作用。正如标题所示,其核心关注的是大学与社会之间关系的性质。第二章特别有见地。它采用了历史和社会学的方法,强调了一个事实,即直到18世纪,研究才建立起来,而不是教学。今天,我们已经意识到研究的“排行榜”、研究的资金和产出,令人惊讶的是,这一发展相对较晚。还有一个有用的提醒是,法律与神学、医学和艺术一起,是欧洲早期大学最早建立的学科之一,尽管英国普通法的兴起及其对罗马法的拒绝产生了深远的影响。在现代社会,有许多改变大学方向和性质的举措。作者认为,大学作为“学术共同体”的角色受到了许多挑战。例如,“创业大学”的兴起,它利用知识并强调技术转让。采用这种模式的最著名的大学可能是麻省理工学院和美国斯坦福大学,它们与“硅谷”有着密切的联系。奇怪的是,被忽视的是私立企业大学的兴起,在一些司法管辖区,这是法律教育的共同特点。事实上,“公立”和“私立”机构之间的本质区别及其实际后果并没有得到充分探讨,比如问责问题和将学生视为“消费者”的举措——本书的重点主要放在公立大学上。然后,这本书考虑了许多当代挑战,尤其是技术的作用和大众在线学习的兴起。然而,这本书的大部分内容都涉及学术承诺和领导力(ACL),这被认为是在大学和社会之间建立更有效的联系。ACL建立在企业社会责任(CSR)的概念之上,这是管理的一个特点
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引用次数: 0
The rule of law and the separation of powers 法治与分权
IF 0.8 Q2 Social Sciences Pub Date : 2022-11-30 DOI: 10.1080/03069400.2022.2145829
G. Ferris
knowledge is required to understand this book as the author intended, this book may be better aimed either at students who are willing to undertake their own initial research or at students who are slightly more advanced in their research or higher education. Such benefits, especially accessibility, make this book an excellent resource for both teaching with, and indeed learning from. Interestingly, it should be noted that not only teachers and students from a solely legal background would benefit from reading this book: given the arguable inter-disciplinary nature of some of the arguments advanced, student readers of the disciplines of both international relations/politics and history may find the book at minimum thought-provoking or, indeed, useful to their own studies (though, of course through the prism of international law itself).
按照作者的意图理解这本书需要知识,这本书可能更适合那些愿意进行自己的初步研究的学生,或者那些在研究或高等教育方面稍有进步的学生。这些好处,尤其是可访问性,使这本书成为教学和学习的绝佳资源。有趣的是,应该注意的是,不仅只有法律背景的教师和学生会从阅读这本书中受益:鉴于所提出的一些论点具有可争论的跨学科性质,国际关系/政治和历史学科的学生读者可能会发现这本书至少发人深省,对他们自己的研究很有用(当然,通过国际法本身的棱镜)。
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引用次数: 0
Minorities and the making of postcolonial states in international law 国际法中的少数民族与后殖民国家的形成
IF 0.8 Q2 Social Sciences Pub Date : 2022-11-28 DOI: 10.1080/03069400.2022.2145828
Aminah Prianca Karim
it accepts that there is not an agreed definition of CSR. The idea is of an institution fostering public good. Academics are “social leaders” in public life by, for example, contributing to policy development, public events, mentoring and “public teaching”. Chapter 4 of the book provides many examples of initiatives, some of which will be of interest to law schools. Chapter 5 provides more detailed analysis of the application of ACL at the Hebrew University, Israel. This book is strong on analysis but perhaps less so on critique. The analysis is largely of the university as an institution, rather than consideration of how individuals, including students, are affected. Or perhaps how their experience is enhanced? CSR itself has been the subject of considerable critique, some describing it as merely “whitewashing”. Similar critiques apply to international trends towards managerialism, i.e. bringing in specialist managers to perform key roles, such that the notion of an academic community is weakened. Managerialism has caused friction and arguably a decline in appreciation of the role of individual academics and groups. It is interesting that many of the recommended ACL activities are already a feature of most law schools in the UK and wider. Law clinics are a feature of a growing number of schools and the experience of students who participate is increasingly recognised by professional bodies. Links between law schools and a range of associations and bodies are common, and students are used in research projects. This is an interesting book, especially when it moves from theory to practice. Unfortunately, the management of universities has sometimes led to cynicism, born out of providing grandiose “labels” for what are simply good learning experiences which also enhance the reputation of the sector as well.
它承认企业社会责任没有一个公认的定义。其理念是建立一个促进公共利益的机构。学者是公共生活中的“社会领袖”,例如,他们为政策制定、公共活动、指导和“公共教学”做出贡献。本书第4章提供了许多倡议的例子,其中一些将引起法学院的兴趣。第五章详细分析了ACL在以色列希伯来大学的应用情况。这本书的分析能力很强,但批评能力可能不那么强。分析主要是将大学作为一个机构,而不是考虑个人,包括学生,是如何受到影响的。或者他们的体验是如何增强的?企业社会责任本身就受到了相当多的批评,一些人将其描述为“粉饰”。类似的批评也适用于管理主义的国际趋势,即引入专业管理人员来发挥关键作用,从而削弱了学术界的概念。管理主义引起了摩擦,而且可以说是对个别学者和团体的作用的重视有所下降。有趣的是,许多推荐的ACL活动已经成为英国和更广泛的大多数法学院的特色。法律诊所是越来越多学校的一个特色,参与法律诊所的学生的经验也越来越得到专业机构的认可。法学院与一系列协会和机构之间的联系是常见的,学生被用于研究项目。这是一本有趣的书,尤其是从理论到实践的部分。不幸的是,大学的管理有时会导致玩世不恭,因为他们给那些仅仅是好的学习经历贴上了浮夸的“标签”,而这些经历也提高了大学的声誉。
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引用次数: 1
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Law Teacher
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