Change to a Skills-Based LLB Curriculum: A Qualitative Study of Participants in a Family Law Course

Authors

  • Desia Colgan University of the Witwatersrand
  • Wesahl Domingo University of the Witwatersrand

DOI:

https://doi.org/10.17159/1727-3781/2017/v20i0a1598

Keywords:

Legal education, Phenomenology of change, Skills-based curriculum, Shared meaning, Qualitative and quantitative methods, Standards for the bachelor of law

Abstract

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.

 

Google_Scholar_90.png    ScienceOpen_Log0328.png

Downloads

Download data is not yet available.

Metrics

Metrics Loading ...

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

Published

08-12-2017

How to Cite

Colgan, D., & Domingo, W. (2017). Change to a Skills-Based LLB Curriculum: A Qualitative Study of Participants in a Family Law Course. Potchefstroom Electronic Law Journal, 20, 1–39. https://doi.org/10.17159/1727-3781/2017/v20i0a1598

Issue

Section

Articles