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Salient: An Organ of Student Opinion at Victoria College, Wellington, N.Z. Vol. 12, No. 6, June 24th, 1949.
Moaning at the Bar
Moaning at the Bar
The teaching of law is a difficult task of increasing complexity and the remarks in this article are made with full realisation of that fact. There has been much discussion for many years about the law course, discussion which was revived at the last two legal Conferences. Although nothing very practical has been done it is' hoped that some definite steps may be taken to solve some of the problems.
This course is in two distinct parts which will be considered separately. At present it consists of nineteen units, including one which is not examined, making it the longest course in the local calendar.
The Art Units.
The five art units are designed, it is said, to provide a cultural background to the Course. It is proposed to consider this cultural background, but if their actual purpose is to hold students until, they are sufficiently mature to commence the study of law, then it is time that the units were abolished altogether since it is a penalty upon sudents who may be mature enough already.
Latin is a compulsory art unit but the remainder of the units are optional. The cultural background which is supposed to be a necessity for a law student cannot be any more necessary than for the commerce and science student where the same dangers are inherent but ignored. Students are unwilling to dilly dally in the Arts faculty and they therefore chose those subjects which will delay them least.
The Hurdle
Is Latin necessary? Few students seem to think so, and many lawyers agree with them. Latin I is of no more assistance to a lawyer than sixth form Latin; for those phrases in the law which remain in Latin are few and far between, most are well known, and the number of students who will need Latin for wider purposes are few. Moreover, much of the course consists in studying the two set books (in many cases from cribs parrot fashion). The further plea that Latin encourages preciseness o"f mind fails because Latin is studied in that fashion. One of the essentials for a lawyer is the ability to think clearly, analyse the thoughts of others and express his own. The study of Logic or Mathematics would be more inducive to preciseness of mind, and Logic would indeed be best as a basis for the development of the reasoning method.
A variety of subjects are studied once Latin is mastered and the resulting combinations are usually pot pourris of subjects which provide a most disjointed cultural background. Some study of other subjects is wise for Commerce, Science and Law but why the Law Faculty should be the only faculty compelled to postpone a career for the present doubtful benefits is not at all clear.
Must Haves
The Law Units.
Law Units are difficult to discuss since many of them are interdependent. Subjects essentan are Company Law, Contracts, Trust and Wills, Torts, Property and perhaps Evidence. Roman Law is a useful, if not essential subject, particularly as a basis for the study of Jurisprudence and as such should be placed alongside that subject where it would be more useful. Jurisprudence and Constitutional are becoming increasingly important as the bulk of administrative law increases. None of the subjects above could be removed from the course, although the last two could perhaps be options.
Both International Law and the Conflict of Laws are worthy of some consideration as subjects which may be relegated to optional status. They are not necessary for the solicitor's exam and many law students would perhaps prefer to make a more exhaustive study of other subjects.
Conclusions.
| 1. | The course is too long in its present form especially as an introduction to a career. |
| 2. | The cultural background acchieves litle. |
| 3. | Latin is not essential but if a compulsory subject must be, then Latin, Logic and Mathematics could be the options. |
| 4. | Some investigations should be made with a view to shortening the course especially the compulsory study of Conflicts and International. |
The Course Generally
It is not suggested that the first result of a Law Course reform should be the quick passage of students. If mediocrity is a result then the reform has not been well judged nor has it been effective. Nevertheless some subjects are regarded as more difficult than others and not only because the subjects are themselves more complex. A useful guide to this would be the collection of student opinion some of whom agree that academic and theoretical questions which are more the concern of he student for LLM are over emphasised.
A recent article by Anton Vogt in Salient made the point that note taking is greatly overdone and discussion lacking. Cyclostyled notes with allowances for corrections made necessary by recent decisions of the Courts should be considered immediately. More discussion would be an aid to students who are often loth to discuss problems they do not understand.
Court Work.
It is a fiction that lawyers spend most of their time in the Courts but many spend a considerable portion of it there. Actual experience of case preparation, cross examination and procedure is rare or confined to moots which are usually barely attended.
American Universities make a study of this part of the course. Moots are a regular feature of classes and although difficult to arrange and hold are nevertheless persisted in as essential.
Office Work.
In New Zealand the financial regulations for Law Offices are most strict and there is a high standard of professional integrity.
Students who enter offices know very little about the business of books and methods of business which they have to learn as best they can. A few lectures on office management which cannot be the same for a law office as other offices could possibly be included as an option.
Conclusions.
| 1. | More moots as an integral part of the course. |
| 2. | Visits to the court for classes. |
| 3. | Lectures in office Management. |
The Master's Degree
The Degree for Master of Laws is in a peculiar position since it is one of the few degrees of that nature for which a thesis is not required. But what is required?
The subjects are divided into three sections and one has to be chosen from each section with the result that at least one of three has very little relation with the other two. This seems to be an absurd position. A student who wishes to specialise is forced to spend time studying a subject which holds no interest for him and has little connection with the other parts of his work.
There are two possible changes that could be made: either the introduction of thesis work or the more rational arrangement of those sections.
Discussion
Mr. Vogt's recent article has mentioned discussion. It is only necessary to repeat that this also applies to the Law Faculty. One of the troubles is of course, the length of the course. Like most other faculties Law comes together very rarely which means a lack of faculty spirit, although this is stronger than in some other faculties.
English tutorials make it clear that discussion does not come easily to students (Is this because modern education gives them nothing really worth saying?). But discussion should be insisted upon for it trains students to bring out ideas, enables them to familiarise themselves with expression and is a good teaching method.
Minor Point
Are eight o'clock lectures a good idea? Other faculties also have them which does not make them any better. From eight in the morning to probaly six at night with an hour or so of work in the evening is a very long day a fifty-five hour week in fact.
This article is not purely destructive and all the criticism is meant kindly. Many qualifications and provisions which could have been added have been omitted because space does not permit and the whole problem is very complex. The writer is aware that there are points which are not made sufficiently clear, some which are perhaps contradictory and more which are very debatable.
It is not desirable that the law course should be made any easier by the lowering of standards but by the serious study and the solution as soon as it is practical of some at least of its problems. Perhaps it should be made clear that a law student is as anxious as anyone to commence a career and at present he has to wait a considerable time before it is possible for him to make plans for other parts of his life. If he is suffering from unnecessary disadvantages these should be removed. Law courses should exist for the student and the lawyer and not students and lawyers for the law courses.