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The Rule of Law and Legal Education: Do They Still Connect?

Research Handbook on the Rule of Law (Eds) C May, a Winchester & C Gardner (Edward Elgar, 2017), Forthcoming

U. of Westminster School of Law Research Paper

Griffith University Law School Research Paper No. 17-01

18 Pages Posted: 6 Jan 2017 Last revised: 3 Mar 2017

John Flood

Griffith University Law School; University of Westminster School of Law; University College London

Date Written: January 2, 2017

Abstract

In this chapter my focus is not so much on the theoretical debates surrounding the rule of law but rather how it is implicated and treated in the developments of modern legal education and practice. I first analyse the changing legal world for which the salient period is the post-World War II to the present. We have the rise of the international and transnational institutions and the emergence of the modern, organization-based, and increasingly financialised, legal profession that plays a significant role in globalization. To provide the labour force for the profession the academy’s role has come to the fore and is now the main gateway to the legal profession. Even with its duality of roles as reproducer and gatekeeper, the academy is now more remote from the profession. This in part reflects a desire on the part of the legal academy to be a more academic and intellectual member of the academy than hitherto. The rise of sub-specialties within law marks this shift as does the increased number of law professors with PhDs, often in other disciplines. The increased tensions between the academy and the profession have fostered argument over both the content and structure of the law degree. One might almost ask if the issue is not so much the rule of law but the rule of lawyers. Finally I examine some of the challenges for legal education — such as the rise of legal technology — that will have enormous effects on legal practice and the rule of law, especially where it abuts access to justice.

Keywords: rule of law, legal profession, globalisation, technology, legal education, The Rule of Law and Legal Education: Do They Still Connect?

JEL Classification: I20, J44

Suggested Citation

Flood, John, The Rule of Law and Legal Education: Do They Still Connect? (January 2, 2017). Research Handbook on the Rule of Law (Eds) C May, a Winchester & C Gardner (Edward Elgar, 2017), Forthcoming; U. of Westminster School of Law Research Paper; Griffith University Law School Research Paper No. 17-01. Available at SSRN: https://ssrn.com/abstract=2892459

John A. Flood (Contact Author)

Griffith University Law School ( email )

Nathan Campus
170 Kessels Road
Nathan 4111, Queensland
Australia

HOME PAGE: http://https://experts.griffith.edu.au/academic/j.flood

University of Westminster School of Law ( email )

4 Little Titchfield Street
London, England W1W 7UW
United Kingdom

HOME PAGE: http://www.westminster.ac.uk

University College London ( email )

Faculty of Laws
Endsleigh Gardens
London, England WC1H 0EG
United Kingdom

HOME PAGE: http://www.laws.ucl.ac.uk/people-at-ucl-laws/honorary-appointments/

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