GLOBALISATION IN EDUCATION AND RESEARCH OF LAW: EVOLVING PRACTICES BY: ATHIRALEKSHMI S M & NANDU VISWAM
‘GLOBALISATION’ IN EDUCATION AND RESEARCH OF LAW: EVOLVING PRACTICES
AUTHORED BY: ATHIRALEKSHMI
S M & NANDU VISWAM
LLM Student
Department of
Law, Kerala University
I.
Introduction
Law serves various purposes in society and is an impeccable tool in
bringing radical changes in society, thereby ensuring timely justice. Legal
education and its research play a massive role in developing able social
engineers for the cause of nation building. The stress in the criminal and
civil justice system is increasing day by day with new challenges all over the
world. Thus, the function of law schools in delivering legal instruction and creating rational social engineers in the field
is core to the future
and development of the economy
of a nation. This role can be effectively
fulfilled only by attracting the finest minds committed to learning and
research who are able to inspire and deliver knowledge to the younger
generations.
Our economies, cultures, and population of the globe
are becoming more intertwined as a result
of technology, international trade in goods and services, and the
mobility of capital, labour, and information. "Globalization" is the term
used to describe this phenomena.
Countries have formed socioeconomic coalitions over several years to cover
these initiatives. Nevertheless, the fact that all these cooperation agreements
had such a substantial impact on contemporary life led to the phrase becoming
more well-known after the Cold War in the early 1990s.. Globalization has
diverse, complex, and divisive political repercussions. Similar to major
technological advancements, globalisation has positive implications as a whole
while having detrimental repercussions on
certain sectors. While keeping more advantages, challenges may be
resolved by being aware of the respective costs and benefits.
The role of globalization in economies all over the world, especially in sectors of legal education and
research, is outstanding and serves the role mentioned in the above paragraph.
It has altered societal and political dynamics. “Since the development of a
knowledge economy remains an important goal of both developed and developing
countries, the establishment of educational institutions of global excellence
ought to become the priority of the developing countries.” (Anil Kumar Thakur,
2010).Thus, the area of legal study and education is evolving with new
practices in the era of globalization facing various challenges.
Statement of Problem
Globalization has created multiple challenges to legal education all over
the world, especially to developing nations. Promoting judicial and legal
reforms in society
is fraught with difficulties. The efficient operation of legal research and education in the field
of law is one of the major challenges.
The training and the exposure given to the lawyers and academicians are vital
to build a worthy generation of social engineers who could contribute to
society. Globalization by bringing new practices has brought forward
the need for competent lawyers
and scholars with multi-disciplinary
knowledge at the international level.
Curbing these challenges is the task that all nations, especially developing nations, must deal
with.
Research questions
1.
What are the evolving
practices in education
and research of law regarding globalization?
2.
What are the challenges faced along with the evolving
practices in the field of education and research of law upon globalization?
Hypothesis
Globalization has brought new practices in education and research of law,
along with these evolving practices came new challenges faced by the nations in
the world in effective adaptation and implementation of it.
Objectives of the study
·
To find out the evolving practices
in education and research of law regarding globalization.
·
To find out the challenges faced along with the evolving
practices in the field regarding globalization.
Scope of the study
The scope of the study is to understand all the evolving
practices in education and research of law
regarding globalization and the challenges that must be overcome by the
education system to address the problems in its full capacity. Thereby finding
out effective solutions and recommendations that could help international
actors to overcome the persisting and future challenges in education and
research of law regarding globalization.
Research methodology
The methodology of this study is broadly
characterized as an analytical method
involving analysis of books
and articles by applying logic and reasoning and identifying the issues,
barriers encountered in the world of education and research of law upon
globalization. By using the available data relating to globalization and
evolving practices in the world in general and developing countries in particular, the study analyzes
the various challenges and their impact
both in education and research of law.
Chapterization
Chapter I - Introduction
Chapter II - Education and Research of law: Evolving
practices upon globalization Chapter III - Challenges to
the evolving practices upon globalization
Chapter IV - Conclusion and suggestions
II.
Education and Research of law: Evolving
practices upon globalization
Traditional legal education was not created to prepare lawyers for a
global practice or to handle development concerns. Most law universities and
colleges adopt the renowned Langdell model, which was introduced at Harvard in 1870–1871 and is known as such. The first year of law school's curriculum requires general
common-law topics like property,
contracts, criminal law, torts, civil procedure, and contracts after a
two-year, less structured program in which students choose from a variety of
electives in the areas of jurisprudence, corporate entities, trusts and
estates, international norms, professional ethics, evidence, bankruptcy,
insurance, and courses geared to teach professional skills, like negotiating
and legal writing. Much of the time, survey courses are the extent of the study
of international and comparative law. However, as Harvard Law School emphasized when introducing its curriculum, with the advent
of specializations, globalization, and a more regulated environment at both the international and
domestic levels over the last few decades, the legal
world has grown transnational in scope and has evolved
to demand a systematic
knowledge of regulatory and legislative institutions and procedures as much as an ability
to discern legal concepts from
court judgments. Due to multidisciplinary perspectives on law and the rising
significance of acquaintance with other legal systems, international law, and world trade law in a world that is becoming more
interconnected, attorneys today face a corpus of knowledge that is more
complicated.
The entire polity
and society's dynamics
have transformed because
of globalization. The relevance
of the knowledge economy is now recognized by all nations. Since the
information economy has grown, emerging nations like India should prioritize
the creation of excellent educational institutions and updated new curricula
that meet international standards. The entire structure of law school and the
legal profession has undergone a radical transformation because of the
globalization of the legal profession. The evolving practices that are notable
in the international level across education and research of law are as follows.
Privatization
Private sector plays vital role in the future of higher education
depending on the environment, which is the framework, and policies various
nations provide them to work in. The private sector's role must be notably expanded
and highly appreciated to provide venues
of quality education and research in law as globalization has brought vast
opportunities. In the dynamic world, private players can understand and can
compete to bring necessary changes in the field in no time benefiting the
higher education sector.
In the USA, most reputed universities are from the part of private
players having the motto "A private university in the public service"
(NYU, n.d.). As a developing nation, in India recommendations to increase private
sector's role in the higher education was made by Committee on Corporate Sector Participation in Higher Education chaired by N R Narayana
Murthy (Murthy, 2012)
Global Universities, programs
and curriculum
All over the world, universities are facing the greatest effect
of globalization, which
is their global participation and presence. Most of the renowned universities promote internationalization in their
education and research. The regulatory bodies of nations are now
addressing the need of the
hour to facilitate this revolutionary development.
Professor Richard Levin
stated that: "The globalization of the university is in part an evolutionary development...But creating
the global university is also a revolutionary development signaling distinct
changes in the substance of teaching and research, the demographic
characteristics of students and scholars, the scope and breadth of external collaborations, and the engagement of the university
with new audiences. When I speak of becoming a global university, I envision a
curriculum and a research agenda permeated by awareness that political,
economic, social, and cultural phenomena in any part of the world can no longer
be fully understood in isolation" (The Global University: Inaguration of
the Fox International Fellowships, speech at Jawaharlal Nehru University, 2005)
The Universities in various nations used to focus on their national laws
and issues in their legal system. Today their focus is to be shifted to
international and comparative law, which a wider horizon is promoted by the era
of globalization. Specializations and research in the fields of international
trade laws, maritime laws, international humanitarian laws, information
technology laws and practices of alternate dispute resolution mechanisms are
gaining much importance. Not only imparting academic
knowledge but also through
various international moot competitions, workshops and internships
universities are making students and scholars compete in the transnational
marketplace.
The global exposure in the curriculum not only prepares the students and
scholars to compete in the global environment of education and research of law
but also enables them to deeply understand and
find solutions to the problems faced by their own legal systems. The students and legal scholars in the universities are taught a
fair mix of courses and subjects for the above-said purpose. The presence of
global faculty helps largely to achieve the goals of internationalization as
students get exposure to both their national and foreign legal systems.
Global collaboration, interaction and scholarships
To excel in the sector of education and research of law collaborative
approach is being identified and implemented all over the world by various
universities. (Cooper, 2006) States, "The law schools of the future ought
to provide academic space for engaging in teaching and cutting-edge research on issues of global significance. The institutions ought to constantly reinvent themselves
for facing the challenges of globalization through exchange and collaboration programs.
This has different implications for faculty, students, and for the development
of teaching and research programs." (Cooper, 2006)
Global collaboration by providing internationalism internships and
externships has widened the horizon of the legal education system.
International student exchange programs accompanied by vast number
of scholarships and other financial
aid given by both public and private
players helped to change the
face of traditional legal education system.
III.
Challenges to the evolving
practices upon globalization
Several hurdles are faced
by especially the developing countries in evolving themselves with the new
practices of globalization in the education and research of law. Sound physical infrastructure is essential
in the growth of legal education and research. Allocation of funds for the purpose is necessary for creating
research and related initiatives. Academic freedom cannot be guaranteed if
colleges lack the necessary physical infrastructure and resources.
In almost all of the
developing countries, legal education largely remains sponsored by states.
There is a pressing need to support charitable initiatives that could support expanding legal research and training since philanthropy in the area of law
academia is uncommon. Participation from acclaimed law firms of both national
and international level in the academic and research areas of law is required
to get the desired results.
Global exposure
requires faculty from global level, which is another challenge that is faced
by universities in the developing countries. The poor financial
incentives due to lack of financial resources
discourages the scope of providing global exposure in the law schools. Also, the lack of resources prevents best minds from
joining the fancy legal profession academics and research making society lose
valuable assets.
The law schools must
develop sound institutional foundations to enhance the intellectual and
scholarly abilities of the group. Competing
with the entire world in providing
an excellent environment for reaching
the maximum potential of the students
and scholars requires strong foundations. In the globalizing world, it is inevitable to adopt an interdisciplinary approach
of law to address all the relevant
issues at the regional
and global level, which will also require a variety of resources.
IV. Conclusion and suggestions
The study of
the evolving practices of legal education and research in the beginning is understood only as the ways the law schools must adapt and
improve themselves according to the demands of globalization. The true or much
unseen perspective is the global and local hierarchies, contest of power and
influence, rise of corporate law firms and inequalities associated with the
career with the globalization.
Education and research of
law is the most favorable entry point that provides advantage for productive
change in the society. Therefore, reforms in the approach
towards the changing scenario all over the world
are required to stand and compete globally. In matters of legal research
and education, the role of the private sector is inevitable. Private participants
could move dynamically with all the
dynamic changes globally as they are having the real competitions.
It is to be recognized that the governments in nations,
especially the developing ones, are not in place to fully back up the financial
resources required to create and promote better institutions of higher
learning. The essential thing to keep in mind is that any extension or
development of the position must be supported by private colleges and
institutions that are dedicated to fostering excellence in legal education.
The nations should
implement policies for greater development in the sectors of legal education
and research so that there will sufficient infrastructure and resources that
could help students and scholars to achieve the competence to play in the
global level. Expansion of resources like digital libraries and other digital
repositories can provide access to vast amounts of data at the fingertips.
Thus, providing proper avenues for expansion of knowledge, skills and research
capabilities will result in creating an able generation of legal scholars.
Efficient running of the
student exchange programs and international internships will bring about great
changes in the legal education system. New policies should be implemented among
nations to promote exchange programs and
internships to students and scholars from all nations irrespective of wherever they are to facilitate proper
understanding of legal scenarios all over the world and to promote research in
the grey areas where solutions are required.
Education and research in
all fields and not only law should be seen as an investment towards a better
economy as the developed countries do. All obstacles forming barriers to its
development must be curbed at the global
level and evolving practices
should be strictly
adopted immediately to bring
about a beautiful world to live in.
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