The Legal Education - Law Commission of India

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92Humanities must also be added to social sciences. ‘Students’, Prof. Franksaid must be exposed to“the great literary artists” whose “poetic insights…. concern…. theparticular, the unique”and these goals too will have to be accomplished in the legal clinic.9.7 Mr. Stephen Nathanson in his ‘Developing Legal Problem SolvingSkills’ (1994) Vol. 44 Journal of Legal Education (p. 215) says thatteachers should synthesize “general problem-solving skills and contextspecificknowledge”.9.8 In 1979, Russel Stewart, in Australia, said that teaching legalproblem-solving skills should be the primary goal of professional legaleducation. In 1984, in America, Anthony G. Amsterdam predicted that bythe 21 st century, legal education would have shifted its focus from casereading, doctrinal analysis and legal reasoning to a broader spectrum ofpractical skills, including problem solving skills. In 1991, in England, aresearch study by Kim Economides and Jeff Small listed the main tasks andskills and stated that professional legal training should address problemsolvingfigures prominently among them. In 1992, the American BarAssociation’s Mac Crate Report identified problem-solving as the mostfundamental of all legal skills.9.9 A curriculum design has to be made, theory and practice must be puttogether, a problem-data bank must be generated and circulated to all lawschools.
939.10 Prof. Myron Moskovitz of the Golden Gate University hasextensively dealt with the ‘problem method’ in his article “Beyond theCase Method: It’s Time to Teach with Problems” [See (1992) Vol. 42Journal of Legal Education, p. 241).9.11 The American Association of Law Schools (AALS) in their 1942Report stated as follows:“The merit of the problem method is that it more effectively forcesthe law student to reflect on the application of pertinent materials tonew situations and accustoms him to thinking of case and statute lawas something to be used, rather than as something to be assimilatedfor its own sake.”A later AALS Report lists five virtues of the problem method: (1) itapproximates the lawyer’s approach to the law, (2) it affords training inplanning and advising, (3) it broadens the range of matters open to thestudents consideration, (4) it increases the effectiveness of instructionwhere case-law is inadequate (primarily where legislation is involved), and(5) it provides the stimulus to student interest. Prof. Myron Moskovitz inthe above article (at Page 249) has referred to a large volume a literature on‘problem method’. The author refers to a problem in criminal law wherethe Miranda Rule is involved and to the string of four cases of the USSupreme Court, each of the rulings referring to minor variations in the lawon the subject of Miranda warnings students must learn these aspects. Hesays (at p. 258) that ultimately the ‘problem method swallows up the case
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Law Commission of India184 th Repor
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3colleges for prescribing standards
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5CONTENTSPAGESCh. I Introductory 1-
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7suggestions, while some others opp
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9in as much as it did not formulate
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11Conference of Heads of Legal Educ
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13subjects are: the respective role
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15recommendations. The Commission w
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17considering the provisions of ano
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19The Advocates Act, 1961 thus deal
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212.10 If the UGC Act, 1956 is expr
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23subject of legal education comes
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25“In the field of legal educatio
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27between the Bar Council of India
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29Court Judge are now in the Commit
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31decision cannot be taken without
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33In case, during the tenure of the
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35(4) All questions which come up b
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37Education Committee and who are i
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39the absence of a consensus, the m
Page 41 and 42: 414.7 It must be noted that standar
Page 43 and 44: 434.10 As to the co-ordination betw
Page 45 and 46: 45In the Karnataka High Court Judgm
Page 47 and 48: 47the proposals for the consultatio
Page 49 and 50: 49(a) two law teachers in office fr
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
Page 57 and 58: 57(6) preparing for negotiation, co
Page 59 and 60: 59technologies which require corres
Page 61 and 62: 61education and laying standards in
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
Page 87 and 88: 877C. (1) Where there is a differen
Page 89 and 90: 89(vii) The following clause be add
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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
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The Legal Education - Law Commission of India

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