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Success of legal education is dependent on dynamics of legal academics. It is the foundation of legal education around which law, society and development revolve. If legal education in India is to serve the purpose according to Bar Council of India, Advocates Act of 1961, Law Commission Report, concerns for social justice, calls from pioneers of Indian national legal education, voices of law teaching community and international appeals, it can not avoid understanding the driving force behind successful legal education – dynamics of legal academics.
Dynamics of legal academics (DLA) consists of five core aspects. First, dissemination of basic legal knowledge, second, increase in research potential, third, passion for justice and equality, fourth, honesty in commitment to service of legal knowledge and fifth, creation of new legal knowledge. These core aspects directly contribute to outcomes of legal education. Broadly summarized outcomes are; Bar and Bench, justice awareness, corporate practices, policy research, legal action and international cooperation. The relationship between legal education and its outcomes is best revealed when these five core aspects are understood. This understanding is best utilised when legal fraternity as a whole and Nation in general accept and appreciate this input-output relationship between them. One can say, DLA with five core aspects, in one shot enhances social, economic, political, cultural and developmental needs without diluting justice, equality and liberty for all. Thus, legal education serves society and development through five core aspects of DLA.
The above mentioned outcome of legal education can be classified under traditional or modern approaches which legal education aims to serve. Traditional approach is broadly construed where legal studies and profession are specific and limited to Bar and Bench, social action and well-trodden career options in law. Modern or futuristic approach looks for spill-over effects from relationship between law and other disciplines of knowledge to help growing needs of legal market of current globalising world. Both approaches and their outcomes have their own methods, relevance and concerns. Further more, present legal market has become highly complex in addressing domestic and international demands where cross-sectoral requirements that are unheard of in preglobalization era, loom large now. At this juncture, law graduates from NLUs, law schools and traditional universities in order to effectively serve legal market, need proper legal knowledge, efficient legal skills and comprehensive legal expression. Honing these potentials and skills will also boost career opportunities in law in whichever form and kind. Thus, these five core aspects of DLA seem to provide keys for successful legal education where law students and graduates will become real guardians of social, economic, cultural, political and intellectual wealth of a nation.
Basic legal knowledge comes from rigorous reading of Preamble/Objectives, Enacting Statement/Title, Commencement, Definitions, Interpretations, Duration/ Expiry, Application, Articles/Sections/ Provisions, Amendments, Enforcement, Supplementary Provisions, Savings and Transitional Clauses, Repeals, Schedules and etc. Basic knowledge also comes from studying judgments carefully which gives additional interpretations reinforcing practical intentions of legislations. Each and every word, sentence and phrase that runs legislative provisions reveals pregnant meaning conceived and hidden within the words which couches pure legal logic and reasoning. All law subjects with legislations, regulations and precedents are to be meticulously analysed. The contour and contents of law subjects come from studying these preliminary details and basic information towards ultimate knowledge which are superfluously apparent in every legal word and sentence for an attentive legal mind and diligent legal eye. All subjects in legal curriculum ought to pass through these minute details which become pillars of strong foundation towards development of advanced legal knowledge.
Potential for research develops in three phases both independently and interdependently catering to the interest and capacity of learners. First, basic or preliminary research is taken up for initial reading and understanding; though it is not usually referred to as research. Second, advanced or deeper understanding of concepts are analysed to find out relationship between cause and effect or inter relationship between issues; where law and legal systems intervene to offer solutions. Third, with knowledge of basics and understanding of cause and effect, creative guidance is given for legal policy and action; this is taken up through legal publishing, expositions or drafting which are fine outputs of heightened legal research through these three phases.
Current globalising world has resulted in intense competition through its race for development. Competitiveness has also brought harsh realities of conflicts and inconsistencies, as globalisation process has percolated through inter-national relations in an un-equal potential and un-justiciable footing in many issues and places. Hence, injustice and inequality have become rampant in many issues domestically and internationally leading to corrupt and unethical practices. Global development if legitimate ought to be based on equitable rules of game for States participating in it. Passion for justice and equality across all societies and nations can lead to pathbreaking ideas and actions that can remove insurmountable problems preventing escalation of problems or total breakdown of community at large. Legal inspiration, social enthusiasm, and proactive steps for mitigation of problems come from passion for collective justice and equality.
Though honesty is relative in moral ethics, it becomes qualified or absolute in law when do’s and don’ts are accepted by the society who participate in its making and unmaking. Hence, breaking law is breaking one’s own promise given at its making; thereby devaluing one’s own integrity of character and conduct. Lawyers and legal professionals ought to use the knowledge of law towards the ultimate purpose for which it is intended. In this lies the truthfulness, integrity and straightforwardness in thought and conduct which must shine as an example for the society to follow. Students and graduates of law on whom our future lies must recognise that understanding legal thoughts must result in action that upholds law. Whatever be the career in law; Bar or Bench, corporate practice or social service, higher studies or government employment, it is honesty in the commitment to the service of legal knowledge, when legal thoughts and actions follow one another dutifully.
Knowledge is power in world as a result of understanding life, society and its issues. Life and society are not static and are subject to change at every turn of events. Progressive understanding results in new ideas or creative thoughts leading to new development in knowledge. Law pervades every breath of life and society and hence law ought to stand ready to serve life and society. Thus, creation of new legal knowledge is an inevitable and direct corollary to every evolving growth and development of life and society. 100s of Amendments to Indian Constitution and changes in several legislations only show how legal knowledge is constantly constructed or modified and implemented to satisfy changing circumstances and requirements. In this, law becomes a final rescue and safe refuge for life of all beings in society to develop endlessly and fulfil the undying sprit of collective harmony and progress in life.
These aforementioned five core aspects of DLA signify the importance of law, research, justice awareness, honesty and new legal ideas for society. When law is ubiquitous, its academics ought to freely pass through bringing light to every nook and corner. DLA is the lighthouse of legal education that navigates the society to reach its destination without allowing it to wander aimlessly in the maze of disorder that comes from injustice and inequality. Both ideal and substantive justice comes from the outcome of these core aspects of DLA. Teachers, students irrespective of under-graduation, post-graduation or higher research can avail benefits from this understanding.
Dr. K. Parameswaran, Associate Professor of Law, and has been Former Dean at Gujarat, National Law University (GNLU), Gandhinagar, taught at Symbiosis School of Law, Pune, NLSIU, Bangalore, NLU, Jodhpur, University of Madras, Indian Institute of Teacher Education (IITE), Gandhinagar, worked at Publication Department of Sri Aurobindo Ashram, Pondicherry. He authored ‘The Integral Dimensions of Law’ (LexisNexis).
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