Please use this identifier to cite or link to this item: https://une.intersearch.com.au/unejspui/handle/1959.11/1118
Title: Liberal Legal Education: The Gap Between Rhetoric and Reality
Contributor(s): James, NJ (author)
Publication Date: 2004
Open Access: Yes
Handle Link: https://hdl.handle.net/1959.11/1118
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.
Publication Type: Journal Article
Source of Publication: University of New England Law Journal, 1(2), p. 163-185
Publisher: University of New England
Place of Publication: Armidale, Australia
ISSN: 1449-2199
HERDC Category Description: C2 Non-Refereed Article in a Scholarly Journal
Other Links: http://tlc.une.edu.au/lawjournal/
http://tlc.une.edu.au/lawjournal/index.php?action=showarticle&articleid=8&journalid=8
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