Towards a Sound Pedagogy in Law: A Constitutionally Informed Dissertation as Capstone Course in the LLB Degree Programme

Authors

DOI:

https://doi.org/10.17159/1727-3781/2017/v20i0a1393

Keywords:

legal education, transformative legal education, transformative constitutionalism

Abstract

The LLB degree programme (Bachelor of Laws) should adequately prepare graduates for the demands set by both legal practice and the greater South African society. Law schools are not tasked with producing future legal practitioners, but rather critical thinkers who can engage with the relationship between law and society in a meaningful way, and who recognise their duty to uphold the values of the Constitution of the Republic of South Africa, 1996 when performing their professional duties. Resultantly law teachers should construct learning environments that engage students in ways that help them develop creativity; embedded subject knowledge; and autonomous learning, critical thinking, and lifelong learning skills. A well-structured LLB degree programme should focus on this broader conception of legal education and a dissertation module as capstone course should be closely aligned with this objective. A greater academic influence could result in an academically rigorous degree programme that produces more mature graduates who possess competencies and attributes that exceed that which is demanded of them by legal practice. One way to establish a greater academic influence in a degree programme would be to include a final year dissertation module which demands that students illustrate the ability to think critically. The final year of a degree programme should provide the student with several opportunities aimed at culminating the learning experience and consolidating the skills and knowledge acquired throughout the preceding years of study. Capstone courses facilitate in-depth learning and should be employed to teach crucial skills related to the purpose of the degree. A compulsory dissertation module as capstone course, which embodies the pedagogical approach of transformative legal education, should be included in the revised curriculum of all law schools in South Africa. This dissertation module should demand that students engage critically with the principles of transformative constitutionalism in order to facilitate thinking that goes beyond traditional and conservative constructions of the South African legal system and its purpose. Such a dissertation could develop a student’s metacognitive ability and result in the development of new legal skills, and the sharpening of existing skills. When producing a dissertation a student is learning to write as well as writing to learn. Crucially, the process of disserting also requires legal research skills and the ability to formulate effective research strategies. A law student who is capable of utilising various sources of law, synthesising the information found therein and presenting it effectively is illustrating elements of authentic learning. But this form of authentic learning in will be near impossible to achieve without the active guidance of a willing supervisor. Law teachers perpetuate legal culture and the supervisor-student relationship creates the opportunity to sculpt the culture instilled so that it may have the desired impact on the student. The supervisor could advance this process by empowering the student to construct critical and transformative views of South African law. A dissertation module presented in this manner could produce students who are able to engage with law constructively and who will graduate as responsible citizens and aspiring legal professionals who are excited about inspiring social justice and transformation in their communities. 

 

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Author Biography

Andrea Bauling, University of South Africa

Lecturer, Department of Jurisprudence

References

Bangeni B and Greenbaum L “An Analysis of the Textual Practices of Undergraduate and Postgraduate Novice Writers in Law” 2013 Per Linguam 72-84

Barnard-Naudé J and De Vos P “The Heteronormative Observer: The Constitutional Court’s Decision in Le Roux v Dey” 2011 SALJ 407-419

Biggs L and Hurter K “Rethinking Legal Skills Education in an LLB Curriculum” 2014 JJS 1-30

Botha H “Metaphoric Reasoning and Transformative Constitutionalism (Part 1)” 2002 TSAR 612-627

Botha H “Metaphoric Reasoning and Transformative Constitutionalism (Part 2)” 2003 TSAR 20-36

Botha H “Freedom and Constraint in Constitutional Adjudication” 2004 SAJHR 249-283

Broodryk T “Writing Intensive-Courses Across the Law Curriculum: Developing Law Students’ Critical Thinking and Writing Skills” 2014 Obiter 453-466

Broodryk T and Buitendag M “Writing Intensive-Courses across the Law Curriculum: Developing Law Students’ Critical Thinking and Writing Skills – A Post-Evaluation Assessment” 2015 Obiter 615-630

Brooks R, Benton-Kupper J and Slayton D “Curricular Aims: Assessment of a University Capstone Course” 2004 JGE 275-287

Campbell J “The Role of Law Faculties and Law Academics: Academic Education or Qualification for Practice?” 2014 Stell LR 15-33

Chickering AW and Schlossberg NK “Moving On: Seniors as People in Transition” in Gardner JN et al (eds) The Senior Year Experience (Jossey-Bass Publishers San Francisco 1997) 37-50

Daly GM “There is No Law Library on the Starship ‘Enterprise’” 2008 J Legal Educ 455-462

Davis D “Elegy to Transformative Constitutionalism” in Botha H, Van der Walt A and Van der Walt J (eds) Rights and Democracy in a Transformative Constitution (Sun Press Stellenbosch 2003) 57-66

Davis D “Legal Transformation and Legal Education: Congruence or Conflict?” 2015 Acta Juridica 172-188

Davis DM and Klare KE “Transformative Constitutionalism and the Common and Customary Law” 2010 SAJHR 403-509

Davis NJ “Bringing It All Together: The Sociological Imagination” 1993 Teaching Sociology 233-238

Day J and Bobeva M “Applying Performance Management Principles to a Learning Environment for Undergraduate Dissertations: A Case Study” 2007 IJQS 217-239

De Wit MW “Research Does Not Come Naturally” 2012 Progressio 48-67

Dunlap JC “Problem-Based Learning and Self-Efficacy: How a Capstone Course Prepares Students for a Profession” 2005 Educ Technol Res Dev 65-85

Durel RJ “The Capstone Course: A Rite of Passage” 1993 Teaching Sociology 223-225

Feather D, Anchor JR and Cowton J “The Value of the Undergraduate Dissertation: Perceptions of Supervisors” in Paper Presentations of the 2010 University of Huddersfield Annual Learning and Teaching Conference (University Press Huddersfield 2011) 41-56

Fourie E “Constitutional Values, Therapeutic Jurisprudence and Legal Education in South Africa: Shaping our Legal Order” 2016 PER/PELJ 1-26

Garde-Hansen J and Calvert B “Developing a Research Culture in the Undergraduate Curriculum” 2007 ALHE 105-116

Gardner JN “Capstone Experiences: A Primer” in Gardner JN et al (eds) The Senior Year Experience (Jossey-Bass Publishers San Francisco 1997) 301-302

Grabinger RS, Dunlap JC and Duffield J “Student-Centered Learning Environments in Action: Problem-Based Learning” ALT-J 5-17

Greenbank P et al “The Undergraduate Dissertation: ‘Most Likely You Go Your Way and I’ll Go Mine’” 2008 IJQS 1-24

Greenbaum L “Experiencing the South African Undergraduate Law Curriculum” 2012 De Jure 104-124

Hauhart RC and Grahe JE “The Undergraduate Capstone Course in the Social Sciences: Results from a Regional Survey” 2010 Teaching Sociology 4-17

Heringa AW Legal Education (Intersentia Cambridge 2013)

Hoyle E “Strategies in Curriculum Change” in Watkins R (ed) In-Service Training: Structure and Content (Ward Lock London 1973) 91-103

Iya P “Fighting Africa’s Poverty and Ignorance through Clinical Legal Education” Africa Insight (30 September 2001) 47

Kennedy D “Legal Education and the Reproduction of Hierarchy” 1982 J Legal Educ 591-615

Kieft M, Rijlaarsdam G and Van den Bergh H “Writing as a Learning Tool: Testing the Role of Students’ Writing Strategies” 2006 EJPE 17-34

Klare KE “Legal Culture and Transformative Constitutionalism” 1998 SAJHR 146-188

Klare K “Concluding Reflections: Legal Activism after Poverty has been Declared Unconstitutional” in S Liebenberg and G Quinot (eds) Law and Poverty: Perspectives from South Africa and Beyond (Juta Claremont 2012) 423-432

Langa P “Transformative Constitutionalism” 2006 Stell LR 351-360

Le Roux W “Bridges, Clearings and Labyrinths: The Architectural Framing of Post-apartheid Constitutionalism” 2004 SAPL 629-664

Levine A “A President’s Personal and Historical Perspective” in Gardner JN et al (eds) The Senior Year Experience (Jossey-Bass Publishers San Francisco 1997) 51-59

Liebenberg S “Needs, Rights and Transformation: Adjudicating Social Rights” 2006 Stell LR 5-36

Moseneke D “The Fourth Bram Fischer Memorial Lecture: Transformative Adjudication” 2002 SAJHR 309-319

Nicholson C “The Relevance of the Past in Preparing for the Future” 2011 Fundamina 101-114

Pieterse M “What do we Mean when we Talk about Transformative Constitutionalism?” 2005 SAPL 155-166

Quinot G “Transformative Legal Education” 2012 SALJ 411-433

Quinot G and Greenbaum L “The Contours of a Pedagogy of Law in South Africa” 2015 Stell LR 29-62

Ramphele M “Educating and Training the 21st Century South African Citizen” Focus (Nov/Dec 2012) 1

Rowley J and Slack F “What is the Future for Undergraduate Dissertations?” 2004 Education and Training 176-181

Shah A “Power Plays: Reflections on the Process of Submitting an Undergraduate Dissertation” 1999 Area 307-312

Slabbert M “Developing a Skills Course for Distance Law Students” 2009 Progressio 46-57

Smith BL “Curricular Structures for Cumulative Learning” in Gardner JN et al (eds) The Senior Year Experience (Jossey-Bass Publishers San Francisco 1997) 81-94

Smith SR and Bauling A “Aiming for Transformation: Exploring Graduateness in South Africa” 2013 Stell LR 601-617

Snyman-Van Deventer E and Swanepoel CF “Teaching South African Law Students (Legal) Writing Skills” 2013 Stell LR 510-527

Swanepoel N and Bezuidenhout I “The Institutionalisation of Community Service Learning at South African Tertiary Institutions: With Specific Reference to the Role of University Law Clinics” 2012 De Jure 46-60

Swanepoel N and Snyman-Van Deventer E “The Need for a Legal Writing Course in the South African LLB Curriculum” 2012 Obiter 121-134

Van der Walt AJ “Legal History, Legal Culture and Transformation in a Constitutional Democracy” 2006 Fundamina 1-47

Van Marle K “Transformative Constitutionalism as/and Critique” 2009 Stell LR 286-301

Van Marle K “Why Write?” 2010 PSLR 7-9

Van Marle K and Modiri J “’What does Changing the World Entail?’ Law, Critique and Legal Education in the Time of Post-apartheid” 2012 SALJ 209-219

Veenman MVJ, Van Hout-Wolters BHAM and Afflerbach P “Metacognition and Learning: Conceptual and Methodological Considerations” 2006 Metacognition Learning 3-14

Watson DM “Dissertations as a Learning and Teaching Tool: Undergraduate Business Studies in the UK” 1983 Improv Coll Univ Teach 182-186

Wiersema JA and Licklider BL “Accountability for Learning Belongs to the Learner” 2007 HER 43-61

Will F “A Dissertation on Dissertations” 1978 Antioch Rev 353-361

Woolman, Watson and Smith “‘Toto, I’ve a Feeling We’re Not in Kansas Any More’: A Reply to Professor Motala and Others on the Transformation of Legal Education in South Africa” 1997 SALJ 30-64

Zitzke E “Stop the Illusory Nonsense! Teaching Transformative Delict” 2014 Acta Academia 52-76

Le Roux v Dey 2011 (3) SA 274 (CC)

Constitution of the Republic of South Africa, 1996

CHE 2016 National Reviews Online System http://www.che.ac.za/che_online_accreditation_system/national_reviews_system accessed 29 July 2016

Chosi K et al 2015 Qualification Standard for Bachelor of Laws http://www.che.ac.za/sites/default/files/LLB%20Qualification%20Standards_%20LLB%20final%20version_20150921_3.pdf accessed 29 July 2016

Published

23-05-2017

How to Cite

Bauling, A. (2017). Towards a Sound Pedagogy in Law: A Constitutionally Informed Dissertation as Capstone Course in the LLB Degree Programme. Potchefstroom Electronic Law Journal, 20, 1–34. https://doi.org/10.17159/1727-3781/2017/v20i0a1393

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