- Dr. Anita A Patil
Asst. Prof. of Law, NLSIU, Bangalore
Law
as a profession plays an important role in developing lawyers who act as social
engineers and work towards the cause of nation building. Legal education is not
just imparting legal knowledge and training the students to equip with skills
to handle legal profession, but it is also an instrument of national
development to deliver social justice to the people (1).
Manubhai
Pragaji Vashi v. State of Maharashtra, AIR 1996 SC 1“… the need for a continuing and well-organized
legal education is absolutely essential reckoning the new trends in the world
order, to meet every growing challenge. The legal education shall be able to
meet the ever-growing demands of the society and should be thoroughly equipped
to cater to the complexities of the different situations.” Infusing the
sense of social obligation on the part of legal service providers is the
responsibility of legal education (2).
Legal
education is not just imparting legal knowledge and training the students to
equip with skills to handle legal profession, but it is also an instrument of
national development to deliver social justice to the people (3). It ought to build creed of lawyers to be
architects of social structure. The other social development which affects
legal education is the increased juridification of society. The role of law in
society has given rise to an increased variety of legal activities. Many of
these lie outside the traditional preserve of the legal professions. The growth
of new professions practising law to deal with new kinds of work is not a
modern problem. But the broad definitions of legal services required by modern
society can be seen in new groups of people engaged in legal work in areas such
as consumer advice, marriage advice, refugee work, human rights work, social
protection, and so on. Because of this greater diversity of ways in which
individuals may work professionally with the law, the whole idea of legal
education has to be broadened. It is not sufficient that legal education
prepares students for the classical professions as lawyers or judges. Rather,
there needs to be something generic that is capable of helping students to
progress into a number of different career paths which involve the law. No
doubt, the academic ambitions of intellectual and skills development are part
of the general pattern of liberal legal education, the core of legal education
lies in a distinct subject-matter and distinct methods of dealing with it.
Legal
education is not just the study of law, but a study which also inculcates the
ability to make use of law, to analyse it, and to criticize it as a member of
the legal community (4). The capacity to deal
with new legal and social developments, and relate these to legal principle and
existing solutions is a critical feature of being a good lawyer. But the
concern is not simply the need to engage in lifelong learning. The professions
recognize this both in the various updating and training opportunities, which
they provide in-house, and in the professional requirement to engage in
continuing education. In this view of legal education, students have to be
prepared to cope with diversity and change. They have to be able to work with
the tradition and reinvent it more radically than in the past. The other facet
of legal education is what describes as the ‘enlightenment’ function, of
developing the ability to generate new understandings, even to ‘unlearn’ what
has been inherited from the past. In view of the constitutional contemplation
towards sensitizing the operation of legal system to promote human rights and
access to justice, legal education which prepares law persons to shoulder these
responsibilities, should undergo these refinements. A legally conscious civil
society, free from corruption and prejudice, can be built well only on the
sound foundation of legal education. Bringing social justice through legal
literacy to the doorsteps of people should be the vital role of the legal
profession.
FOOTNOTES
1. The
objectives of National Law Universities as contemplated under various State
enactments include this goal.
2. Prof.
P.Ishwara Bhat, “Curriculum Reform in Legal Education For Professional
Excellence, Critical understanding and higher social responsibility”, p.3.
3. Prof.
P. Ishwara Bhat , “ Centerstaging High Quality Research In Legal Education:
Aspirations, Necessity, Challenges and Agenda”, p.1.
4. John
S. Bell , Legal Education, The Oxford Handbook of Legal Studies, p.5.