Change to a Skills-Based LLB Curriculum: A Qualitative Study of Participants in a Family Law Course
DOI:
https://doi.org/10.17159/1727-3781/2017/v20i0a1598Keywords:
Legal education, Phenomenology of change, Skills-based curriculum, Shared meaning, Qualitative and quantitative methods, Standards for the bachelor of lawAbstract
The transformation of educational institutions in South Africa led to institutions of higher learning rethinking their role in the new democratic era. This changed context called for wide-ranging curriculum reform within law schools and faculties. Curriculum changes were also impacted by the call from the profession to address the skills deficit of graduates, who were seen as lacking basic skills such as researching, reading and writing. The University of the Witwatersrand's School of Law responded by making extensive changes to its existing curriculum during the period 2009-2012. This research sets out to examine the change to a skills-based LLB curriculum through the lens of the family law course implemented in 2012. The basis of the research is the argument that any educational change or reform should look beyond institutional change. It should also look at what has changed in practice with respect to the experiences of the individuals involved, at a personal level. This study focuses on the process of change, within the course as well as on an understanding of the phenomenology of change ― how people in the family law course actually experience the change, in distinction from how the change was intended. The study adopted a mixed methods approach with a primarily qualitative focus, and was interested in understanding how the individuals affected were interpreting their experiences within the course. Through the use of questionnaires, interviews and focus groups the study revealed that for effective change the initiators need to understand the nature of change and acknowledge the views of all participants. This calls for the generation of shared meaning. The isolated tale of success of the family law course told in this study is not an indication that all of the courses impacted by change were successful. This study focuses on a single course, but it is the start of developing a deeper understanding of the process of change within a law school and to a law curriculum.
Downloads
References
Literature
Axam 2001 SAJHR
Axam T "A Model for Learning and Teaching: Rights and Responsibilities in the New Legal Order" 2001 SAJHR 404-420
Badat Challenges of Transformation
Badat S The Challenges of Transformation in Higher Education and Training Institutions in South Africa (Development Bank of Southern Africa Midrand 2010)
Barratt "Thoughts on Family Law"
Barratt A "Thoughts on Family Law" LAWS1013 (University of Witwatersrand Law School Johannesburg 2012)
Booysen Fees Must Fall
Booysen S (ed) Fees Must Fall: Student Revolt, Decolonisation and Governance in South Africa (Wits University Press Johannesburg 2016)
Campbell 2014 Stell LR
Campbell J "The Role of Law Faculties and Law Academics: Academic Education or Qualification for Practice?" 2014 Stell LR 15-33
CHE Higher Education Qualifications Sub-Frameworks
Council on Higher Education Higher Education Qualifications Sub-Frameworks Standards Statement (Council on Higher Education Pretoria 2015)
CHE National Review of LLB Programme
Council on Higher Education National Review of Bachelor of Law (LLB) Programme Final HEQC Report (Council on Higher Education Pretoria 2016-2017)
Church 1988 THRHR
Church J "Reflections of Legal Education" 1988 THRHR 153-166
Colgan Perceptions of Democracy Education
Colgan D Perceptions of Democracy Education among Preset and Inset Students and Teacher Educators at a College of Education (MEd-dissertation University of Witwatersrand 2006)
DoE Curriculum 2005
Department of Education Curriculum 2005: Learning for the 21st Century (Department of Education Pretoria 1997)
DoE Green Paper
Department of Education Green Paper on Higher Education Transformation (Department of Education Pretoria 1996)
DoE Revised National Curriculum Statement
Department of Education Revised National Curriculum Statement (Department of Education Pretoria 2008)
Durkheim Suicide
Durkheim E Suicide: A Study in Sociology (Free Press New York 1951)
Fedler and Brent 2004 J Eng Educ
Fedler R and Brent R "The Intellectual Development of Science and Engineering Students Part 1. Models and Challenge" 2004 J Eng Educ 269-277
Fullan New Meaning of Educational Change
Fullan M The New Meaning of Educational Change 2nd ed (Teachers College Press New York 1991)
Godfrey "Law Professionals"
Godfrey S "Law Professionals" in Erasmus J and Breier M (eds) Skills Shortages in South Africa: Case Studies of Key Professions (Human Sciences Research Council Pretoria 2009) 152-176
Greenbaum 2012 De Jure
Greenbaum L "Experiencing the South African Undergraduate Law Curriculum" 2012 De Jure 104-124
Hall and Loucks Innovation Configurations
Hall GF and Loucks SF Innovation Configurations: Analyzing the Adaptations of Innovations (University of Texas Austin 1978)
Hargreaves 2005 Teaching and Teacher Education
Hargreaves A "Educational Change takes Ages: Life, Career and Generational Factors in Teachers' Emotional Responses to Educational Change" 2005 Teaching and Teacher Education 967-983
James "Psychodynamics of Educational Change"
James C "The Psychodynamics of Educational Change" in Hargreaves A et al (eds) Second International Handbook of Educational Change vol 23 (Springer Berlin 2009) 47-64
Jansen "Rethinking Education Policy-Making"
Jansen JD "Rethinking Education Policy-Making in South Africa: Symbols of Change, Signals of Conflict" in Kraak A and Young M (eds) Education in Retrospect: Policy and Implementation since 1990 (Human Sciences Research Council Pretoria 2001) 41-59
Kennedy 1982 J Legal Educ
Kennedy D "Legal Education and the Reproduction of Hierarchy" 1982 J Legal Educ 591-615
King "Involvement in Innovation"
King N "Involvement in Innovation: The Role of Identity" in Shavinina LV (ed) The International Handbook on Innovation (Elsevier Science Oxford 2003) 619-630
King and Kitchener Developing Reflective Judgment
King PM and Kitchener KS Developing Reflective Judgment: Understanding and Promoting Intellectual Growth and Critical Thinking in Adolescents and Adults (Jossey-Bass San Francisco 1994)
Kroll Teaching Hearts and Minds
Kroll BM Teaching Hearts and Minds: College Students Reflect on the Vietnam War in Literature (Southern Illinois University Press Carbondale IL 1992)
Marks 1974 Am J Sociol
Marks SR "Durkheim's Theory of Anomie" 1974 Am J Sociol 329-363
Marris Loss and Change
Marris P Loss and Change (Anchor Press New York 1975)
Merriam Qualitative Research
Merriam S Qualitative Research: A Guide to Design and Implementation 2nd ed (John Wiley San Francisco 2009)
Morrison Management Theories
Morrison K Management Theories for Educational Change (Sage London 1998)
Mouton, Louw and Strydom 2012 IBERJ
Mouton N, Louw GP and Strydom GL "A Historical Analysis of the Post-Apartheid Dispensation Education in South Africa (1994-2011)" 2012 IBERJ 1211-1222
Pateman 1980 J Philos Educ
Pateman T "Can Schools Educate?" 1980 J Philos Educ 139-148
Senge Fifth Discipline
Senge P The Fifth Discipline: The Art and Practice of the Learning Organization (Random House London 1990)
Snyman-Van Deventer and Swanepoel 2013 Stell LR
Snyman-Van Deventer E and Swanepoel CF "Teaching South African Law Students (Legal) Writing" 2013 Stell LR 510-527
Sugrue Future of Educational Change
Sugrue C The Future of Educational Change: International Perspectives (Routledge London 2008)
Van der Merwe 2007 April De Rebus
Van der Merwe P "Editorial" 2007 April De Rebus 2
Wits Law School Memorandum 2010
Wits Law School Wits Law School Memorandum: Skills Training Introduction (University of Witwatersrand Law School Johannesburg 2010)
Wits Law School Memorandum 2011
Wits Law School Wits Law School Memorandum: Developing an Integrated Skills-Based Curriculum for the LLB Degree at the School of Law, University of the Witwatersrand (University of Witwatersrand Law School Johannesburg 2011)
Legislation
Constitution of the Republic of South Africa, 1996
Higher Education Act 101 of 1997
Government publications
GN 1196 in GG 18207 of 24 July 1997
GN 928 in GG 30353 of 5 October 2007
Internet sources
Dibetle 2007 https://mg.co.za/article/2007-11-14-quality-of-law-degrees-questioned
Dibetle M 2007 Quality of Law Degrees Questioned https://mg.co.za/article/2007-11-14-quality-of-law-degrees-questioned accessed 20 September 2016
Fruehwald 2013 http://ssrn.com/abstract=2243128
Freuhwald ES 2013 Teaching Law Students How to Become Metacognitive Thinkers http://ssrn.com/abstract=2243128 accessed 21 September 2016
Mbembe 2015 http://wiser.wits.ac.za/content/achille-mbembe-decolonizing
-knowledge-and-question-archive-12054
Mbembe A 2015 Decolonizing Knowledge and the Question of the Archive http://wiser.wits.ac.za/content/achille-mbembe-decolonizing-knowledge-and-question-archive-12054 accessed 22 September 2016
SAQA 2015 http://regqs.saqa.org.za/viewQualification.php?id=22993
South African Qualifications Authority 2015 Registered Qualification: Bachelor of Laws http://regqs.saqa.org.za/viewQualification.php?id=22993 accessed 11 August 2017
Thomaz 2010 http://www.engineeringnews.co.za/print-version/llb-degree-under-review-2010-01-15
Thomaz C 2010 Nationwide Review of LLB Degree under Way http://www.engineeringnews.co.za/print-version/llb-degree-under-review-2010-01-15 accessed 18 November 2016