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Pre-admission legal education in South Africa : an assessment of the dominant patterns influencing the transmission of legal knowledge.Ogúnrónbi, Sunday Oládókun. January 1998 (has links)
The purpose of this study was to narrate the major influences shaping the construction and
transmission of legal knowledge in South Africa. The paper contends that these influences
revolved around the role of the state, the profession, and the university law schools.
The conceptual framework informing the study was the place of values in policy measures
intimately affecting legal education. The values connection is contextual and not formal or
abstract. It is the politics of legal education.
The study revisited the site of the current debates in legal education, that of the divide between
practical and academic education/training, and the staging of academic and professional education.
Particular attention was also paid to the considerations allowed in determining the content of law
studies. The role of legal education and training in promoting adversarialism and litigiousness was
addressed.
Of the three major stakeholders in legal education, the state wields more influence than others.
The fresh political dispensation in the country has further supported the state's intervention in
legal education. Most of the policies introduced by the state revolve around the enhancement of
opportunities for the previously disadvantaged to gain access to legal education. The spate of .
government measures in this regard is still growing.
The effects of government policy measures like the Outcomes-based Education, the
under preparedness of a segment of the student population for law study, admission of more
students in the face of tension between a 'mass' and ' elite' system, and the growing diversity in
the law schools, are some of the social factors identified in this study.
The study concluded with an expression of optimism in the system even in face of frictions and
tensions, As envisaged for this exercise, a number of the issues identified were not fully explored.
.It is expected that further research may be conducted to determine the far reaching consequences
of the factors thus identified. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1998.
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Teaching legal writing in a South African context : an evaluation of the work of student tutors in assisting with the development of legal writing skills in first year law students at one South African law school.Greenbaum, Lesley Anne. January 2001 (has links)
In this study, an analysis and an evaluation of the feedback comments made by fourth year law students on legal writing assignments of first year law students is made. The purpose is to formulate a sense of the student tutors' shared capacity to critique legal writing, and thereby assist in developing the writing skills of first year students at one South African law school.
A review of the literature on legal writing from the United States of America suggests that there has been a shift away from the current-traditional paradigm, which focussed on formal features of legal writing. The 'new legal rhetoric' approach, based on research and theoretical understandings which view writing as a recursive process , has now been widely adopted. This approach has been further extended by the 'social perspective,' which acknowledges writing as a social practice. which novice writers can learn from experts within the legal discourse community. Finally, critical reading and writing theorists propose a politicised approach to writing, encouraging
critiques of alienating discourse practices.
Legal writing pedagogy in the United States has reflected these changing theoretical perspectives. The 'process' approach to teaching writing requires intensive writing instruction and practice by novices. Several drafts of
assignments are submitted, and instructors respond with appropriate written (and verbal) feedback comments, which are intended to motivate revisions.
The implications of this approach are that increased numbers of trained writing instructors are required to implement such a labour-intensive pedagogy. Resource constraints, and the difficulties of staffing such
programmes, have resulted in innovative models being devised. The use of student tutors to assist in teaching legal writing inspired the introduction of a comparable tutor-training course at the University of Natal, Durban Law School, in 1999. In this study, eighteen pieces of writing: three different examples of first year law students' writing, on which six tutors had each written feedback comments, were analysed. The number, accuracy and type of comments
were tabulated, and the tone and quality of the responses were evaluated against the theoretical frameworks reviewed above. A descriptive, qualitative interpretation of their commenting practice develops a detailed sense of their
successes and deficiencies.
The conclusions which emerged suggest that modifications to the tutors' education and training , and closer supervision/monitoring procedures would enhance the tutors' theoretical understandings, as well as their commenting practice. The value and viability of such a programme is confirmed by the empirical information, and indicates that student tutors can extend teaching
resources, to provide the assistance necessary to implement intensive legal writing instruction. In a South African context, where academic literacy skills are so often deficient in first year students, a programme which builds
capacity and extends limited teaching resources can be extremely beneficial. / Thesis (M.Ed.)-University of Natal, 2001.
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Taal vir spesiale doeleindes : 'n rasionaal vir 'n Afrikaanskursus vir studente in die regteSwartz, Elizabeth Maria-Magdalena 10 February 2014 (has links)
M.A. (African Languages) / Problems regarding language requirements set by legislation, the law profession and academic institutions, are discussed. The main purpose of the study is to do a needs analysis of law students' needs, to communicate in Afrikaans, to make a conclusion ofneeds that have to be addressed and to lay down guidelines for a concept syllabus. The presumption is made that present Afrikaans courses for law students at universities, do not make provision for their specific needs. The implementation phases are discussed, with a special focus on the communicative needs ofthe target groups. The development of language for special purposes is discussed. Special attention is focussed on authentic materials, a frequency analysis and a special register. The importance of a needs analysis is stressed. The development of the functional notional approach and its advantages is discussed. Learner-centredness and learner needs are emphasized. A number of language syllabuses . ~. are mentioned and the conclusion is reached that grammar should form the basis of a syllabus, with notional, functional and situational specifications centering around it. A number of existing language courses for law students were studied. The lack of a communicative approach in many of these courses is pointed out. It is suggested that serious consideration must be given to a new approach towards existing courses in Afrikaans for law students and that a rationale be developed to determine communicative needs, contents of the course and the principles as set out in the functional-notional approach.
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