Professor Abdul Paliwala - an appreciation

At the 2012 BILETA conference it became known that Professor Abdul Paliwala was retiring from his post at Warwick University. No one announced it - it went round the conference. At the dinner a few words were said by Sefton and myself, but several of us thought that the retirement of a figure such as Abdul should be marked by something more permanent and thus the idea for a special edition of BILETA legal education papers that was also dedicated to Abdul was conceived. It's difficult not to think of images of technology and learning when one mentions the name Abdul Paliwala. For those of us fortunate to be living in these times and working in the field of digital learning he has been inspirational. In this brief appreciation of his life and work we would like to draw attention to what could be said to be the main themes of his oeuvre - a body of work that is detailed in his Curriculum Vitae and in a Bibliography following this appreciation

Ultimate Legality: Reading the Community of Law

This article is a contribution to the occasional series dealing with a major book that has influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geoffrey Bindman, Harry Arthurs, André‐Jean Arnaud, Alan Hunt, Michael Adler, Lawrence O. Gostin, John P. Heinz, Roger Brownsword, Roger Cotterrell, Nicola Lacey, Carol J. Greenhouse, and David Garland. An initial twist: several acute observers would consider the way I read to be the most influential effect of reading on me – a way of reading that extends beyond the specificity of the text yet, in so doing, connects integrally with it. Salvation of specificity is at hand, however. That way of reading is intimately reflective of Derridean deconstruction and a hugely influential reading becomes his ‘Force of Law’. A problem ensues. Other influential reading came before my love of Derrida – influential reading to do with law and society (of course), with decolonization and imperialism, with engaged anthropology, and with critical legal studies. A retrospective revelation then follows. Derridean deconstruction is found to haunt and inform these other readings. They can be read in a way that inherently anticipates deconstruction. Some culminating coherence is offered by the inescapable insistence of community and the mutually intrinsic fusion of community and law

Enabling law students to understand business concepts: reflections on developing a business case study for corporate law

© 2019, © 2019 The Association of Law Teachers. For many law students the study of corporate law presents several challenges. In addition to mastering the complexities of corporate legislation and case law, corporate law subjects provide many students with their first detailed introduction to business terminology and processes. For many students without previous backgrounds or studies in business, understanding such concepts can prove challenging. This article discusses the development of a business case study that was incorporated into the teaching of corporate law at the University of Technology Sydney from 2016. Drawing upon the extensive literature on strategies for teaching law to business students, the article explains how the business case study was pitched to progressively develop students’ understanding of business concepts covered in corporate law. A series of voluntary online surveys were used to evaluate students’ perceptions of the usefulness of the business case study in developing their understanding of business terminology and processes, with the overall feedback being highly positive. In light of the findings from this evaluation project, the article concludes by suggesting some strategies for corporate law teachers to consider in order to help students develop their understanding of business concepts

Islamisation or Malaynisation? : a study on the role of Islamic law in the economic development of Malaysia : 1969-1993

The thesis examines the role of Islam and Shariah (Islamic law) in the economic development of Malaysia and it rejects the assumption that Islam and Shariah inhibit economic development. In contemporary Malaysia, there are two 'policies' adopted by the Government. Firstly, 'Islamisation' which is for the advancement of Islamic law and institution building. Secondly, 'Malaynisation' which promotes the socio-economic development of the Malay ethnic group. The study adopts a holistic approach which covers the political economy of law in Malaysia. The thesis explores the relationship between the two policies considering in particular whether they are essentially the same. The study covers the pre-colonial, colonial and post-colonial periods although the focus is on the post-1969 period which involved the application of the New Economic Policy (NEP). The NEP was a pro-Malay Policy to rectif,' the economic imbalance of the Malays vis-à-vis other communities. Therefore, the focus of this thesis is on the Malay- Muslim population of Peninsular Malaysia who form the bulk of the Bumiputera (indigenous people). Two Bum iputera and Islamic organisations, Bank Islam (BIIMB) and Tabung Haji (TH) as well as the Bumiputera unit trust scheme, Amanah Saham Nasional (ASN) are used as the case studies. Their establishment, structure and organisation are examined. There is a specific focus on the extent to which they are examples of Islamisation or Malaynisation. It is clear that in contemporary Malaysia, Islam and Shariah are being used by the Government to promote economic development. Islamic values have been used to further Malay economic participation in the commercial sector. As a consequence, the economic position of many Malay-Muslims has greatly improved. However, the Government position is questioned by the Islamic opposition who say that the Islamisation policy in many respects is either contrary to Islam or merely cosmetic, and want a 'pure' Islamic approach. The thesis therefore involves a critical examination of the perspectives of both the Government and the Islamic opposition

Critical Perspectives on the Scholarship of Assessment and Learning in Law

"The Assessment in Legal Education book series offers perspectives on assessment in legal education across a range of Common Law jurisdictions. Each volume in the series provides: Information on assessment practices and cultures within a jurisdiction. A sample of innovative assessment practices and designs in a jurisdiction. Insights into how assessment can be used effectively across different areas of law, different stages of legal education and the implications for regulation of legal education assessment. Appreciation of the multidisciplinary and interdisciplinary research bases that are emerging in the field of legal education assessment generally. Analyses and suggestions of how assessment innovations may be transferred from one jurisdiction to another. The series will be useful for those seeking a summary of the assessment issues facing academics, students, regulators, lawyers and others in the jurisdictions under analysis. The exemplars of assessment contained in each volume may also be valuable in assisting cross-jurisdictional fertilisation of ideas and practices. This first volume focuses on assessment in law schools in England. It begins with an introduction to some recent trends in the culture and practice of legal education assessment. The first chapter focuses on the general regulatory context of assessment and learning in that jurisdiction, while the remainder of the book offers useful exemplars and expert critical discussion of assessment theories and practices. The series is based in the PEARL Centre (Profession, Education and Regulation in Law), in The Australian National University’s College of Law.

The Constitutional Right to Enhanced Livelihood in Ethiopia: Unfulfilled Promises and the Need for New Approaches

The civilized-uncivilized line of thinking had an element-system interface whereby social conduct was the aggregate of individual moral standards and behaviours. On the contrary, developmentalism tends to reverse this interface and give prime attention to ‘economic growth’. This usually depersonalizes individuals and at times relegates them to the oblivion of anonymity.  In spite of Ethiopia’s statistical claims of double-digit economic growth, there are challenges in the implementation of the right of citizens to enhanced livelihoods. I argue that new approaches should critically examine the most effective means of enhancing the (physical, mental, spiritual and emotional) being of citizens and their (economic, social, political and environmental) living conditions. Development is not ‘given’ by a ‘Big Brother’, and is rather the making of citizens themselves through a strong work culture in the context of an appropriate institutional setting including policy environment. Nor should development be regarded as hasty campaign because it is an incremental steady march and attainment. The 1995 Ethiopian Constitution envisages the capacity enhancement of citizens so that they can bring about development and meet their needs. New approaches should thus give prime attention to nurturing and developing the state of being and livelihoods of citizens in the context of environmental sustainability and the preservation of positive cultural legacies. Such approaches and conceptions should transcend statistical figures and reports of ‘accelerated growth’ in construction, the number of universities, etc., and instead offer prime attention to the bigger picture of enhancing livelihoods (including poverty alleviation) and the state of being (i.e., moral character, quality education, social ties and work ethic) of citizens.Key termsLivelihoods, living conditions, well-being, capabilities, state of being, development, new approaches, Ethiopi

The investment promotion and environment protection balance in Ethiopia's floriculture : the legal regime and global value chain

The thesis examines the balance in the objectives of investment promotion in Ethiopia, i.e. the enhancement of development and well-being in the context of environmental sustainability. The flower sector is used for the purpose of thematic focus due to the tension that exists between the benefits in the enhancement of cut flower exports and the corresponding challenges in labour conditions, environmental compliance standards and in the sustainability of the economic benefits. In spite of the Ethiopian legal framework on sustainable development, many economic actors tend to pursue its weaker interpretation which is further debilitated by gaps in the institutional framework. There is thus the need for caveat against delinking investment promotion towards economic development from social wellbeing and environemntal sustainability which in the flower sector requires environmental mainstreaming (EM) and sustainability impact assessment (SIA) so that illusive economic benefits would not lead to irreversible environmental harm. It is argued that the contribution of investment promotion pursuits in Ethiopia’s flower sector towards sustainable development and rising standards of living depends upon the extent to which the sector moves towards sustainable floriculture which is drastically different from flower export boom that arises from unprotected soil and water resources. Three contradictions permeate the challenges toward sustainable floriculture in Ethiopia. The ownership profile and the marketing niche of flower farms under distress show that domestic-owned farms are the ones that are most severely hit by these challenges. The first contradiction arises from the tension among the three (economic, social and environmental) pillars of sustainable development and the institutional gaps despite laws that protect the environment. The second contradiction relates to the tension between the positive role of technoscience in sectors such as floriculture vis-à-vis its hegemonic features and the potential harm if it is improperly applied in developing countries. The third tension is attributable to the buyer-driven global value chain which requires social and environmental compliance standards in flower growing and meanwhile pushes down the profit margin of flower growers in developing countries like Ethiopia. This not only puts pressure on working conditions and the environment but also renders the economic benefits illusory and unsustainable. The research is based on sociological and legal inquiries, and also includes case study which involves in-depth interviews and on-site observations. The study, inter alia, recommends that hydroponics, integrated pest management and multimodal water sources ought to be encouraged in all new flower farms and future expansion projects. In the absence of such thresholds accompanied by enhanced competitiveness and effective institutional capabilities of regulation and governance, the flower export boom which results from unprotected soil and water resources is economically unsustainable and does not bring about social wellbeing and environmental sustainability

Resilience and student wellbeing in Higher Education: A theoretical basis for establishing law school responsibilities for helping our students to thrive

There is widespread concern for the mental wellbeing of our students. We argue that, while resisting the neoliberal tendencies that contribute to this, we have a responsibility for helping our students to thrive. Rooted in a theory of positive psychology: self determination theory, we present methods which may help us in this endeavour. These include our approaches to marketing and recruitment, curriculum design, assessment and feedback, experiential learning and developing a safe learning environment. We suggest how addressing these areas of our practice may assist students to develop their competence, and to experience autonomy and relatedness during their programmes of learning. In so doing we provide sources which underpin our arguments and which, we hope, will encourage a debate across European law faculties on this important topic

Skills development for competent practice of law : an analysis of the skills development programmes for lawyers in the Boleswa countries of South Africa

The central thesis around which several arguments develop and revolve in this work is that time has come for members of the legal profession in Botswana, Lesotho and Swaziland - countries with shared historical, cultural, legal and socioeconomic values - to join other forces in assessing both their structures and functions with a view to readjusting them to suit the new demands of society, namely that even under those new conditions, legal services must not only be available but must be competently delivered to the public. To be responsive to the needs of society, lawyers must be trained in such a way that they are able to appreciate the importance of social goals and contribute to the full satisfaction of those goals with competence and efficiency. In advancing the above thesis three methods are employed. Firstly, is to establish the present and future needs of the society and how these needs can be met in terms of the necessary requirements of law, lawyers and the entire legal process to satisfy those needs. Secondly, to establish the extent to which those needs have and are being met and to explain the reasons for the limitation in their success. Thirdly, to advance the theory that legal education has a task in transforming society by equipping students with highly developed skills needed to bring about people-centred development. The object of the thesis is, therefore, to develop and explore through empirical research new avenues of development-oriented legal education by analysing the sources and magnitude of the problem of legal education; by examining the social context in which law, lawyers and the entire legal process operate; by exploring all factors, legal and non-legal, which limit law, lawyers and legal institutions, including legal education in their role to meet the needs of society and by developing a skills-oriented legal education which would produce lawyers much needed for development within the context of Botswana, Lesotho and Swaziland. To that end the work is divided into ten chapters discussing, amongst others, the objectives and methodology employed in the research; the concept of development and the limitations of lawyers in that development process as evidenced by the socio-political economy of the BOLESWA countries; the legal needs and the utilisation of lawyers to meet those needs in Swaziland; and the extent to which the past and present law programmes adequately prepare lawyers to satisfy social needs. It ends by providing a few suggestions. However, central to the entire discussion is the development of a fresh model in legal education that emphasises skills development as the most appropriate for development-oriented lawyers needed today in the BOLESWA countries. In one's research in legal education, one is struck by lack of sufficient work in this area. Yet legal education is at a crossroad of its development in the BOLESWA countries where crisis of law and development occupy central themes in scholarly debates currently taking place. If significant changes are to be effected, the arguments on skills development presented in this thesis remain critically important for future debates, policy formation and implementation on the subject in the BOLESWA countries and Southern Africa generally