Liberal legal education: The gap between rhetoric and reality

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Abstract

There is within Australian legal education a widening gap between the rhetoric of liberalism and the reality of law school practice. While a liberal approach to the teaching of law is increasingly advocated by law schools and legal scholars, doctrinalism, vocationalism and corporatism nevertheless continue to dominate legal education. This paper uses a Foucauldian theoretical framework to explain why the rhetoric of liberalism so often fails to be realised.

The liberal approach to the teaching of law is characterised by a fundamental hypocrisy: despite its apparent commitment to liberation and pluralism, liberalism is in fact an exercise of disciplinary power seeking the universalisation of a specific ideology through the deployment of a range of disciplinary strategies including the colonisation and assimilation of alternative discourses. As an expression of power, liberalism is inevitably contested, and the convergence of a multiplicity of resistances contributes to liberalism’s failure within the law school.
Original languageEnglish
Pages (from-to)163-186
Number of pages24
JournalThe UNE Law Journal
Volume1
Issue number2
Publication statusPublished - 2004
Externally publishedYes

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liberalism
school law
rhetoric
education
corporatism
Law
Teaching
liberation
colonization
pluralism
assimilation
ideology
commitment
discourse

Cite this

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Liberal legal education : The gap between rhetoric and reality. / James, Nickolas.

In: The UNE Law Journal, Vol. 1, No. 2, 2004, p. 163-186.

Research output: Contribution to journalArticleResearchpeer-review

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