Teaching social context in the foundations of law

Many people’s experiences with the legal system can be emotionally and financially draining, even traumatic, so working with legal professionals who are empathetic and socially aware can make a significant difference to the experiences of their clients and others. But do legal professionals learn these skills at university?

Australian legal students need to understand the laws and statutes that govern Australia, its states and territories so they are competent and qualified, however, a criticism of this focus on doctrine only is it produces graduates who lack empathy or understanding of the social context of our legal system and the people it affects. The national law curriculum expects Bachelor of Laws students to understand the broader sociocultural impacts of the law, which relies on teaching the social context of law at our universities and placing priority on this alongside teaching laws and statutes. 

PhD research conducted by Andrew Henderson at the Australian National University, who is also a teacher at the University of Canberra, sought Bachelor of Laws students’ perceptions of how their studies affected how they think about the law and their feedback on a case study approach to teaching social context. A change to a first-year UC law and justice studies unit was then implemented and tested in mid-2023. 

There is a lack of research on whether a doctrinal focus actually affects law students’ social understanding of law. Andrew’s interviews with 65 UC and ANU law students sought to fill a 'law-student-sized hole' in research on the effects of the Australian explicit legal education curriculum. He asked law students to identify their perceptions of the causes and effects of law school's curriculum in their own words.  

One of the themes tracked through the interviews was students' perceptions that they developed critical thinking skills and an awareness of the social and emotional context of legal issues despite their law school education, rather than because of it. The findings suggest a focus on doctrine may, in fact, be excluding or even devaluing law's social and cultural effects. The research found that law schools have an opportunity to actively encourage students to think critically and consider broader issues beyond legal doctrine.

As a result of this research, a change in the curriculum for UC’s Foundations of Law and Justice unit, a required first-year unit for Bachelor of Justice Studies and Bachelor of Laws students, was implemented. This unit is intended to teach some of the essential skills students need for their ongoing studies and in the workplace, including how to read the law (for example, interpreting legislation and the common law) and how to apply and explain it (for example, writing legal advice). Rather than teaching these things as isolated skills, a case analysis approach was adopted, which draws on a real-world, current issue. The case involved Indigenous fishing on the NSW south coast and the challenges presented by NSW fisheries management arrangements. 

By delving deeper into the context surrounding the case, students concurrently developed a more comprehensive understanding of the legal issues at hand.