Please use this identifier to cite or link to this item:
Title: Liberal Legal Education: The Gap Between Rhetoric and Reality
Contributor(s): James, NJ (author)
Publication Date: 2004
Open Access: Yes
Handle Link:
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:
Statistics to Oct 2018: Visitors: 102
Views: 95
Downloads: 6
Appears in Collections:Journal Article

Files in This Item:
5 files
File Description SizeFormat 
open/SOURCE02.pdfPublisher version (open access)118.51 kBAdobe PDF
Download Adobe
Show full item record

Page view(s)

checked on Mar 3, 2019


checked on Mar 3, 2019
Google Media

Google ScholarTM




Items in Research UNE are protected by copyright, with all rights reserved, unless otherwise indicated.