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PetefromOzSecondPaper 2 - 16 Apr 2009 - Main.PetefromOz
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| META TOPICPARENT | name="SecondPaper" |
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| | | Legal Education in Secondary Schools
-- The first draft of this paper was prepared by YejinJennyHan - 27 Feb 2009 | |
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> | The revision is prepared by PetefromOz - 16 Apr 2009 | | | | |
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> | | | | Introduction | |
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< | My family was involved in a lawsuit several years ago. We were new to America and had absolutely no idea how to seek help. We had the ability to afford an experienced and competent attorney but did not know how to locate one. Neither did our friends and neighbors. Whenever I reflect back on those times, I see a world of darkness, devoid of direction. Our sheer ignorance of the law proved powerful enough to confine us to the barren darkness. | | | | |
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< | Knowledge of the law is essential in modern day living: it enables people to use the legal system more readily, to modify their behavior so that they do not unknowingly violate the law, and to act with more confidence. Providing legal education in secondary schools will provide a sound starting point to promote understanding of the law within the general public. | >
> | Knowledge of the law is essential in modern day living: it enables people to use the legal system more capably, to modify their behavior so that they do not unwittingly violate the law, and to act with more confidence. Providing legal education in secondary schools will provide a sound starting point to promote understanding of the law within the whole society. | | | | |
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> | Why knowledge of the law matters
Law intersects with every part of our lives from our family relationships, business relationships (corporate, contract, equity, agency and property law) and consumer purchases (commercial law), through to the wholesale regulation of our society (criminal law and the political system). | | | | |
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> | Ignorance of the law can be costly, while knowledge can bring opportunities for profit. Good faith ignorance of the law is rarely a valid legal defense, and yet the law places the burden of knowledge on the citizen. That knowledge is costly and often difficult to acquire. This is an equity issue: surely if everyone is subject to the law, then legal knowledge should be accessible to everyone. | | | | |
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< | Why should we teach the law?
Knowing law, knowing one’s rights, and knowing the structure of the legal system enable one to use the legal system. Because the majority of American citizens are aware of their First Amendment rights, they can readily resort to the legal system when they feel their freedom of speech and religion has been violated. Without the understanding of the First Amendment rights, the ability to seek protection of rights through the legal procedure or even to recognize that a violation of rights has occurred vanishes. | >
> | The old adage ‘knowledge is power’ is salient in this context. If you do not know the law, you risk breaking the law, and you cannot optimize your business transactions or consumer purchases, protect yourself in legal conflicts or exercise your democratic rights in America’s political system. | | | | |
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< | Some may point out the availability of law firms or the vast amount of information on the Internet that people can consult to learn about the law and their rights. However, both alternatives are flawed. Law firms often charge high sums for legal advice. Moreover, researching the complex U.S. legal system, consisting of millions of statutes, codes, acts, and other mediums of law written in profoundly legal language, would overwhelm most people. If a tenant in an apartment complex receives injuries in a dangerously maintained common area and is unaware of his legal rights under tort law, he faces a difficult choice: does he hire an expensive lawyer for legal advice or engage in a resource consuming search for information, potentially fruitlessly, or does he let the matter pass without further expense? Because legal advice is expensive, individuals who are unaware of their rights often let them go unenforced. The capacity to use the legal system stems from the awareness of the rights in the first place. | >
> | Specialization of knowledge
It does not follow that just because some knowledge of the law is useful, that everyone ought to have the same level of knowledge. Modern society relies upon the principle of specialization. Society functions most efficiently when people develop special knowledge and skills in a variety of areas. Each person engages others to perform or assist with tasks outside his or her own specialty. | | | | |
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< | Secondly, individuals can avoid unknowingly violating the law by learning it. For instance, a property owner unfamiliar with the adverse possession rule loses his property upon return from study abroad due to the expired statute of limitations. Had he learned about the adverse possession rule earlier, he would have behaved differently – such as by leasing the land or returning within the statute of limitations. Good faith ignorance of the law is rarely a valid legal defense, and yet the law places the burden of knowledge on the citizen that is costly and difficult to come by. If individuals are to be governed by the law they should be provided a degree of legal education. | >
> | One might then argue that specialization demands that non-lawyers do not need legal knowledge, as they ought to simply engage lawyers to provide advice or representation. However, there are several flaws with this argument. The first difficulty is that a level of legal knowledge is needed in order to know when a legal issue exists and legal advice or representation would be of value. The capacity to use the legal system stems from an awareness of one’s rights and obligations. The second difficulty is that legal services are priced beyond the means of most people for all but the most significant of legal issues. Accordingly, there are many legal issues that ordinary people must, by necessity, deal with without the assistance of a lawyer. | | | | |
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< | Further, knowledge of the law elevates one’s self-esteem. Our society respects and even admires law, and individuals derive a sense of self-satisfaction from having knowledge about such highly respected system of law. I remember the night of the first official banquet for 1Ls, where I saw proud smiles on the face of each student in an elaborate dress or a sleek suit. I cannot but admit that the prospect of being in law school – that is, becoming a person with such powerful tool as legal knowledge - played a significant factor in putting up those confident looks. | >
> | This paper contends that basic legal knowledge is necessary to participate in society. Hence, everyone ought to be taught enough about the law affecting them so as to know (i) how to avoid breaking the law, (ii) how and when to seek assistance in optimizing consumer or business transactions, (iii) how to seek assistance to defend themselves, and (iv) how to participate in America’s political system.
Why teach law at secondary school?
If one accepts the premise that everyone should have a basic knowledge of the law, it is necessary to then consider how that knowledge should best be imparted and received. As the concept of ‘a basic level of legal education’ is relatively nebulous, it is impossible to categorically state the point at which it ought to be received. However, it is reasonable to contend that primary (elementary) education should include foundational concepts from criminal law, consumer protection law and civics. Without some simple legal concepts children’s participation in society and further learning will be limited. Tertiary education, whether university, technical college or workplace-based, should include specific knowledge relevant to every person’s (proposed) vocational undertaking. Everything else within the scope of the ‘basic legal knowledge’ (especially how to find a suitable lawyer) should be taught at secondary school. High school children are at a developmental stage when a basic legal knowledge will begin to (i) make sense and (ii) be useful.
One qualification should be stated: the teaching must be taught critically. Creativity and innovation can be stunted by rote learning law. | | |
How? | |
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< | Some people may contend that law is so complex and profound that children will not understand it. Our educational system nevertheless has proven adept at simplifying complex ideas to suit the level of children’s understanding. Today secondary schools teach various subjects including physics, earth sciences, astronomy, etc. – none of which comprises down-to-earth, purely simple concepts. The Bible that many Christian readers find challenging to comprehend has also been repeatedly revised in modern language and for children there have been created Bible cartoons. Law does not substantially differ from physics or biology or the Bible in terms of complexity and profundity. Legal scholars may identify concepts most relevant to daily living and create the curriculum in simple terms. For middle school students, legal cartoons based on the actual stories of cases will induce an enjoyable and unforced learning. | >
> | Skeptics may contend that law is so complex and profound that children will not understand it. However, history demonstrates that educators have simplified complex ideas to suit the level of children’s understanding. Today secondary schools teach subjects such as physics and biology that historically were the province of only elite academics and scientists. With the right pedagogical approach, complex legal issues can be taught to high school students. The intent is not to teach children to be lawyers, but rather to teach them to be sufficiently aware of their rights so as to enable them to avoid legal difficulties where possible, and otherwise to obtain appropriate assistance. | | | | |
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< | Based on the curriculum designed by scholars, schools can start by hiring law school students as teachers. Appointing law school students will benefit both the school and law students. For law students, the teaching experience will train them to effectively present legal matters in preparation for becoming lawyers. Secondary schools conserve resources by hiring students instead of certified teachers. In the 1970s, William A. Wirt High School in Indiana employed legal educational program taught by local law school students who received credits for participating in the program. The law students noted after participating in the program that they sharpened research, communication, and oral skills. Considering the difficulty of hiring professional instructors with legal educational backgrounds to teach in secondary schools, hiring law students will provide a sound starting point. | >
> | In the same way that teaching colleges have produced teachers competent to teach mathematics and biology, teachers ought to be trained to teach legal and political education. Indeed, this has been the case for over 15 years in Western Australia. In the meantime, while teachers’ colleges prepare new teachers, schools can start by hiring law school students as teachers. By undertaking this function law students will not only be forced to better absorb foundational legal principles, but will also develop their oral presentation skills. | | |
Conclusion | |
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< | When my family was involved in the suit, the opposing family threatened to imprison my family unless an exorbitant amount of damages were paid. Retrospectively, I know that my family bore only slight liability; however at the time, the ignorance of law frustrated us with uncertainty as to where we were heading with the suit, despite the comforting words of our lawyer. Ignorance of the law is like darkness without direction, and everyday, people seek guidance and support in apprehension. Legal education in secondary schools will not only empower individuals to make effective use of the legal system and to behave in compliance with the law but also offer the compass individuals need in order to navigate through legal challenges. | >
> | The law is pervasive throughout modern society. Ignorance of the law poses many risks and undermines one’s ability to participate in society. Conversely, a basic knowledge of the law is empowering. It is not sufficient to say that lawyers can be engaged as and when required. This is so not simply because lawyers cost too much, but also because some knowledge of legal issues and personal rights and responsibilities is necessary to identify when professional assistance is required.
Legal education in secondary schools will empower individuals to not only make effective use of the legal system and comply with the law, as well as offer the compass they need in order to navigate through legal challenges.
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- You might be interested in Jim O'Neill's "Streetlaw" program, which does what you have in mind for eighth graders in our neighborhood using Columbia Law students as teachers.
- I think the essay could be edited more tightly, both at and above the sentence level. You can say what you want to say more economically without depriving it of any force. But I think both the concept and the execution of the essay are good as they stand, so the editorial work needed is not radical in nature.
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Note: TWiki has strict formatting rules. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of that line. If you wish to give access to any other users simply add them to the comma separated list |
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PetefromOzSecondPaper 1 - 14 Apr 2009 - Main.PetefromOz
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| META TOPICPARENT | name="SecondPaper" |
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Legal Education in Secondary Schools
-- The first draft of this paper was prepared by YejinJennyHan - 27 Feb 2009
Introduction
My family was involved in a lawsuit several years ago. We were new to America and had absolutely no idea how to seek help. We had the ability to afford an experienced and competent attorney but did not know how to locate one. Neither did our friends and neighbors. Whenever I reflect back on those times, I see a world of darkness, devoid of direction. Our sheer ignorance of the law proved powerful enough to confine us to the barren darkness.
Knowledge of the law is essential in modern day living: it enables people to use the legal system more readily, to modify their behavior so that they do not unknowingly violate the law, and to act with more confidence. Providing legal education in secondary schools will provide a sound starting point to promote understanding of the law within the general public.
Why should we teach the law?
Knowing law, knowing one’s rights, and knowing the structure of the legal system enable one to use the legal system. Because the majority of American citizens are aware of their First Amendment rights, they can readily resort to the legal system when they feel their freedom of speech and religion has been violated. Without the understanding of the First Amendment rights, the ability to seek protection of rights through the legal procedure or even to recognize that a violation of rights has occurred vanishes.
Some may point out the availability of law firms or the vast amount of information on the Internet that people can consult to learn about the law and their rights. However, both alternatives are flawed. Law firms often charge high sums for legal advice. Moreover, researching the complex U.S. legal system, consisting of millions of statutes, codes, acts, and other mediums of law written in profoundly legal language, would overwhelm most people. If a tenant in an apartment complex receives injuries in a dangerously maintained common area and is unaware of his legal rights under tort law, he faces a difficult choice: does he hire an expensive lawyer for legal advice or engage in a resource consuming search for information, potentially fruitlessly, or does he let the matter pass without further expense? Because legal advice is expensive, individuals who are unaware of their rights often let them go unenforced. The capacity to use the legal system stems from the awareness of the rights in the first place.
Secondly, individuals can avoid unknowingly violating the law by learning it. For instance, a property owner unfamiliar with the adverse possession rule loses his property upon return from study abroad due to the expired statute of limitations. Had he learned about the adverse possession rule earlier, he would have behaved differently – such as by leasing the land or returning within the statute of limitations. Good faith ignorance of the law is rarely a valid legal defense, and yet the law places the burden of knowledge on the citizen that is costly and difficult to come by. If individuals are to be governed by the law they should be provided a degree of legal education.
Further, knowledge of the law elevates one’s self-esteem. Our society respects and even admires law, and individuals derive a sense of self-satisfaction from having knowledge about such highly respected system of law. I remember the night of the first official banquet for 1Ls, where I saw proud smiles on the face of each student in an elaborate dress or a sleek suit. I cannot but admit that the prospect of being in law school – that is, becoming a person with such powerful tool as legal knowledge - played a significant factor in putting up those confident looks.
How?
Some people may contend that law is so complex and profound that children will not understand it. Our educational system nevertheless has proven adept at simplifying complex ideas to suit the level of children’s understanding. Today secondary schools teach various subjects including physics, earth sciences, astronomy, etc. – none of which comprises down-to-earth, purely simple concepts. The Bible that many Christian readers find challenging to comprehend has also been repeatedly revised in modern language and for children there have been created Bible cartoons. Law does not substantially differ from physics or biology or the Bible in terms of complexity and profundity. Legal scholars may identify concepts most relevant to daily living and create the curriculum in simple terms. For middle school students, legal cartoons based on the actual stories of cases will induce an enjoyable and unforced learning.
Based on the curriculum designed by scholars, schools can start by hiring law school students as teachers. Appointing law school students will benefit both the school and law students. For law students, the teaching experience will train them to effectively present legal matters in preparation for becoming lawyers. Secondary schools conserve resources by hiring students instead of certified teachers. In the 1970s, William A. Wirt High School in Indiana employed legal educational program taught by local law school students who received credits for participating in the program. The law students noted after participating in the program that they sharpened research, communication, and oral skills. Considering the difficulty of hiring professional instructors with legal educational backgrounds to teach in secondary schools, hiring law students will provide a sound starting point.
Conclusion
When my family was involved in the suit, the opposing family threatened to imprison my family unless an exorbitant amount of damages were paid. Retrospectively, I know that my family bore only slight liability; however at the time, the ignorance of law frustrated us with uncertainty as to where we were heading with the suit, despite the comforting words of our lawyer. Ignorance of the law is like darkness without direction, and everyday, people seek guidance and support in apprehension. Legal education in secondary schools will not only empower individuals to make effective use of the legal system and to behave in compliance with the law but also offer the compass individuals need in order to navigate through legal challenges.
- You might be interested in Jim O'Neill's "Streetlaw" program, which does what you have in mind for eighth graders in our neighborhood using Columbia Law students as teachers.
- I think the essay could be edited more tightly, both at and above the sentence level. You can say what you want to say more economically without depriving it of any force. But I think both the concept and the execution of the essay are good as they stand, so the editorial work needed is not radical in nature.
Note: TWiki has strict formatting rules. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of that line. If you wish to give access to any other users simply add them to the comma separated list |
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