Adapting Indian Legal Education to the Demands of a Globalising World

Author:

Ahmad Nehaluddin

Abstract

Half a century ago, the main purpose of university legal education in India was not the teaching of law as a branch of learning and as a science but simply to impart to students a knowledge of the black letter law, that is, certain principles and provisions of law to enable them to enter the legal practice exclusively for local needs. Gradually this perception changed and the process of reform in law and legal education was initiated. The real break came in 1990s when the new challenges posed by scientific and technological revolution and greater interaction between nations, trade in goods and services, information technology and free capital flow across international boundaries made the world a global village. Consequently, the concept of “local practice” widened to that of “transnational practice” in the context of globalisation and opening up of most of the economies of the world.

Publisher

Cambridge University Press (CUP)

Subject

Law

Reference26 articles.

1. In order to improve the quality of legal education in the country, several members of the legal fraternity debated on a new system of legal education in the 1970s and 1980s. Thus the National Law School of India University (NLSIU), Available at http://www.nls.ac.in (last accessed on 14 June 2009), Bangalore was set up in 1987 as a bold experiment in legal education. Currently there are more than eight law schools established in different parts of the country offering five year B.A.,LL.B (Hons), LLM and PhD programmes. R.Khan, National School of Law-A Proposal, Journal of the Indian Law Institute, supra, note 17. Also see generally, K.L.Bhatia, Legal Justice Education: Vision Plan For Legal School (2006).

2. In India, universities are classified as traditional universities, open universities, professional universities, institutes of national importance, deemed universities, which includes private deemed universities. These universities in India are supported by the Central Government and State Governments. These universities are members of ‘Association of Indian Universities (AIU)’. For more details see Association of Indian Universities, available at http://www.aiuweb.org (last accessed on 14 June 2009). The other apex organization endowed with the responsibility of promoting and coordinating university education and determination and maintenance of standards in institutions of higher education, is the ‘University Grants Commission (UGC)’. See University Grants Commission, available at http://www.ugc.ac.in (last accessed on 14 June 2009).

3. See chapter on International Law as a Career, Id, 358 – 370.

4. For an interesting methodology of teaching comparative law, see Gert Steenhoff, Teaching Comparative Law, Comparative Law Teaching, 64 Electronic Journal of Comparative Law, 47 (2002), Available at http://www.ejcl.org/64/art64-4.pdf (last accessed on 14 June 2009). Some group of scholars like Prof.Ugo Mattei, Prof Duncan Kennedy et al launched a new project and institution-International University College Torino, Turin, Italy in 2006. The aim of this project is advanced academic study of global capitalism and the preparation of international class of lawyers and finance experts with a highly integrated background of comparative law, economics and finance. Focus will be on legal, economic and financial specificities of Asia, Latin America and Africa and interdisciplinary studies like law and sociology, law and anthropology. Available at http://www.iuctorino.it (last accessed on 14 June 2009).

5. A brief survey of some of the important works is mentioned here. See generally, Upendra Baxi, Teaching and Research in Human Rights: A Re-exploration, 22 Indian Journal of International Law, 353, 353–359 (1982), Richard N.Kiwanuka, Teaching of International Law in South Africa, 24 Indian Journal of International Law 525 (1984), R.Khan, Centre for International Legal Studies-A Proposal, 10 Indian Journal of International Law, 507 (1970), R.Khan, National School of Law-A Proposal, 14 Journal of the Indian Law Institute, 590 (1972), R.Khan, International Law as a Discipline in India, in International Relations and Area Studies in India 81, (M.S.Rajan ed., 1997), Friedrich Kratochwil, Of Law and Human Action: A Jurisprudential Plea for a World Order Perspective in International Legal Studies, in International Law: A Contemporary Perspective, 639, (Richard Falk, Friedrich Kratochwil, Saul H.Mendlvitz eds., 1985), R.Falk, A New Paradigm for Legal Studies in International Law: A Contemporary Perspective, 651, (Richard Falk, Friedrich Kratochwil, Saul H.Mendlvitz eds., 1985., Gerry Simpson, On the Magic Mountain: Teaching Public International Law, 10 European Journal of International Law, 70 (1999), Duncan Kennedy, Liberal Values in Legal Education, 10 Nova Law Review 603 (1986), Duncan Kennedy, The Political Significance of the Structure of the Law School Curriculum, 14 Seton Hall Law Review, 1 (1983), Duncan Kennedy, First Year Law Teaching as Political Action, 47 Law and Social Problems, 47 (1980).

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