An Essay on the Role of Law Teachers in Legal Reform


At the Government Law Collage (GLC), in Mumbai, "Law Teachers" would mean and include persons who are qualified to impart legal education-academic as well as practical. GLC, engages the services of part-time law teachers who are practicing Advocates at the Mumbai Bar. These part-time law teachers are well suited to marry academic knowledge with practical inputs, learnt whilst practicing law at the Bar. An expert law teacher is one who has already put together a framework or a mental map of an area of law or concepts which fit within a larger picture or pattern of relationships. This "seamless web" is a reflection of the integrated knowledge of the expert. An adept law teacher, is one who has the ability to relate at the level of his students, be able to feel their pulse and impart the knowledge he possesses in a manner that is most effectively assimilated. A sound legal framework is an essential prerequisite for economic growth and social development. the process through which laws and regulations are conceptualized, drafted, enacted, publicized and enforced is the foundation of a society governed by the rule of law. Legal reform is an ongoing and incremental process that involves the executive and legislative branches, law reform commissions, non-governmental organizations and the public. Effective legal reform also promotes opportunity, security and empowerment for the world's poor. Reform of the existing legal system could be aimed to develop functional, transparent, accountable and competent legal institutions and by supporting measures to ensure the implementation of the rule of law. A law teacher would be significantly and strategically poised in contributing to the process of legal reform. The most important lesson that law teachers can impart to their students, is to establish that ethics and morality are not incompatible with the practice of law as it exists today. A sound legal training could ensure legal reforms which could contribute to altering the value system and attitudes of lawyers, politicians and citizens. For this reason, law teachers imparting legal training are an integral part of legal reform strategies that are anchored on the rule of law and reflect a country's societal values. A law teacher is in a position to impart the requisite skills to his students whereby they learn to become proficient in conceptualizing, drafting, enacting, publicizing and enforcing laws and regulations as the foundation of a society governed by the rule of law. Law teachers imparting legal education strengthen professionalism; build public confidence; contributes to research into legal education; facilitate consensus and momentum for further reforms. Legal education imparted by law teachers also improves the performance of legal professionals, enhances service quality and stimulates public respect. As a result, Law Teachers and training programs not only enhance performance but also instill the values of impartiality, professionalism, competency, efficiency and public service which in turn lead to legal reform in a more complete manner. A good law teacher would also take pains to establish that legal reforms require a comprehensive and sustainable approach. One that avoids importing "models" inconsistent with national legal and socioeconomic norms. Accordingly, the students could be trained to strive and improve legal reform processes and standards by supporting better laws and more transparent practices. Continuing legal education, refresher courses for practicing lawyers and training programs enhance and update the skills of legal professionals. Programs for the legislature, judiciaries, executive branch, prosecutors, public defenders, media, legal profession and the public can also instill the values of impartiality, professionalism, competency, efficiency and value of public service and support legal and judicial reform. Law teachers are thus well poised to mould their students into becoming better lawyers, better persons-instilling in them the values of justice, equity and fair play which in turn are invaluable whilst contemplating and executing legal reforms in a country. Law teachers can prepare the students efficiently face any challenge that may come their way viz. to address new international standards; respond to social and economic issues; expand access to justice and improve court operations. These attributes in turn would lead to effective and coherent legal reforms.

Authored by Sunita J. Masani........ [March, 2004]