The Legal Education - Law Commission of India
The Legal Education - Law Commission of India The Legal Education - Law Commission of India
90Chapter IXExamination System, Problem Method andTraining Centres for Law Teachers9.1 We shall now refer briefly to the examination systems. The AhmadiCommittee Report, 1994, has referred to this aspect and considered it assomething quite important to improve the quality of the students who mayultimately come to the Bar.9.2 There has been a belief for several years in the past that if one takesup the study of law, one need not attend classes regularly and that if onereads some small books published by some publishers who have an eyeonly on profit making, - one can easily pass the law examination. Sucheasy methods have remained very attractive and continue to stay eventoday for students who just want a bare pass. There are some students whohave never read the text of a bare Act, much less any leading commentary.They only depend on some of these small books containing a fewtheoretical questions which the students think are sufficient. When theygo to the Bar, they for the first time open the books containing the Acts orthe commentaries and are unable to cope up with the problem of the litigantand the needs of the profession. Of course, what we have said does notapply to the more serious students who have been regular and who areinterested deeply in the subjects and in making a mark in the profession butsuch students are today a small percentage. Nor are we referring here tothe students from the new law Universities or to some colleges which arestill rated as the best.
919.3 Whatever be the percentage of students who adopt short cuts to passthe law examination, there is, in the view of the Commission, great need torevamp the examination system with the dual object of eliminatingmalpractices like copying (which do take place in some centres) and theperennial problem of absenteeism in law schools. Mere bookishknowledge must give way to practical aspects of law. This has to start inthe college itself.The Lecture method and Case method:9.4 Methods of teaching have been changing from time to time. Thetime old method of lectures was supplemented by the ‘case method’introduced by Prof. Langdell in Harvard in 1911 and these have beensupplemented by the ‘problem method’later.Problem method:9.5 The ‘problem method’ of teaching is today considered moreimportant than the other two methods.9.6 The problem method was introduced by Prof. Jerome Frank in hisarticle “Why not a Clinical Lawyer School’ 81. U. Pa L. Rev. 907 (1933)which he expanded in his thesis in “Both Ends Against the Middle’ (1951)100 U. Pa L. Rev. 20, where he grumbled that Legal education should notremain ‘hypnotized by Langdell’s ghost’. He also said that the lawcurriculum should include ‘social sciences and humanities’. Law is linkedwith economics, politics, cultural anthropology, and ethical ideals.
- Page 39 and 40: 39the absence of a consensus, the m
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- Page 51 and 52: 51aspects and we propose to lay emp
- Page 53 and 54: 535.6 Rule 9(1) lists 6 subjects fo
- Page 55 and 56: 55skill to identify the administrat
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- Page 63 and 64: 63years, the number of civil matter
- Page 65 and 66: 65formulated may be adopted by the
- Page 67 and 68: 67Procedure, even though they have
- Page 69 and 70: 69Chapter VIIAdjunct Teachers from
- Page 71 and 72: 71“And there is no need to fit sq
- Page 73 and 74: 73“The adjunct teachers teach the
- Page 75 and 76: 75High Court or Supreme Court or be
- Page 77 and 78: 77students who will go to the Bar o
- Page 79 and 80: 79Inspections:8.4 As per section 7(
- Page 81 and 82: 81India, when it wields powers, is
- Page 83 and 84: 83one where the college is proposed
- Page 85 and 86: 85(The existing section 7A should b
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- Page 89: 89(vii) The following clause be add
- Page 93 and 94: 939.10 Prof. Myron Moskovitz of the
- Page 95 and 96: 95malpractices. We are only referri
- Page 97 and 98: 97get acquainted with several pract
- Page 99 and 100: 99Chapter XEducation on Legal Educa
- Page 101 and 102: 10110.3 Several of the above Commit
- Page 103 and 104: 103colleges located in cities and d
- Page 105 and 106: 105Chapter XIDerecognition of Unive
- Page 107 and 108: 107Chapter XIITraining and Apprenti
- Page 109 and 110: 109The court held that once the rel
- Page 111 and 112: 111include problem method, moot cou
- Page 114 and 115: 114advocates as well as the requisi
- Page 116 and 117: 116senior counsel in these big citi
- Page 118 and 119: 11812.17 There is a strong view tha
- Page 120 and 121: 120graduates are proposed to be rec
- Page 122 and 123: 122Chapter XIIIDisqualification of
- Page 124 and 125: 12413.4 Therefore, we are of the em
- Page 126 and 127: 1264) Clause (b) of subsection (2)
- Page 128 and 129: 128Advocates Act, 1961 for providin
- Page 130 and 131: 130prescribe higher standards.(para
- Page 132 and 133: 132be amended.Consequently, section
- Page 134 and 135: 13430) Section 7(1) (i) to be amend
919.3 Whatever be the percentage <strong>of</strong> students who adopt short cuts to passthe law examination, there is, in the view <strong>of</strong> the <strong>Commission</strong>, great need torevamp the examination system with the dual object <strong>of</strong> eliminatingmalpractices like copying (which do take place in some centres) and theperennial problem <strong>of</strong> absenteeism in law schools. Mere bookishknowledge must give way to practical aspects <strong>of</strong> law. This has to start inthe college itself.<strong>The</strong> Lecture method and Case method:9.4 Methods <strong>of</strong> teaching have been changing from time to time. <strong>The</strong>time old method <strong>of</strong> lectures was supplemented by the ‘case method’introduced by Pr<strong>of</strong>. Langdell in Harvard in 1911 and these have beensupplemented by the ‘problem method’later.Problem method:9.5 <strong>The</strong> ‘problem method’ <strong>of</strong> teaching is today considered moreimportant than the other two methods.9.6 <strong>The</strong> problem method was introduced by Pr<strong>of</strong>. Jerome Frank in hisarticle “Why not a Clinical <strong>Law</strong>yer School’ 81. U. Pa L. Rev. 907 (1933)which he expanded in his thesis in “Both Ends Against the Middle’ (1951)100 U. Pa L. Rev. 20, where he grumbled that <strong>Legal</strong> education should notremain ‘hypnotized by Langdell’s ghost’. He also said that the lawcurriculum should include ‘social sciences and humanities’. <strong>Law</strong> is linkedwith economics, politics, cultural anthropology, and ethical ideals.
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