LAW students in Pakistan are being made to pursue an outdated and archaic legal education system. They are learning theoretical and abstract methods, and remain completely ignorant and unaware of analytical study and practical learning.

They sit in class for hours to listen to the lectures delivered by professors who simply read the contents of books. Such overreliance on lectures means there is a lack of interactive activities, and problem-based learning.

Students are asked to memorise the various rules and laws. They are actually learning the art of cramming and not understanding and applying the laws. Such students lack critical thinking and never make an effort to develop novel concepts or legal arguments. Law students who merely memorise certain legal concepts will not be well-prepared to practise law once they graduate because their main focus will be on memorisation and adherence to what has already been done.

On the other hand, if law students are aware of current legal developments and trends, they can put that knowledge and newly learned abilities to use right away after graduating.

It is disappointing that fresh law graduates, and even the majority of lawyers who have been practising for years, are not equipped with conceptual tools. As a result, they do not know how to observe and analyse the sources of laws, their possible contribution to the argument, and when they ought to use it to influence the end result. It is a sad situation for fresh law graduates and most practising lawyers that they do not know the art of legal research, drafting and pleading cases in courts.

The poor education scheme seriously and significantly impacts the overall legal system. Fresh law graduates rely on their seniors, who had once graduated from the same educational institutions. With this prevailing legal education methodology, the philosophy and ethos of the rule of law cannot be promoted, and violations of laws, regulations, and even the non-observance of professional ethics, become matters of routine.

Legal education reflects the belief that law is science. Students must understand not only the rules of law, decisions of superior courts, and course outlines, but also how courts interpret and create a law. It is fundamental for protecting the interest of clients and successful pleading in courts of law.

Lecturers, scholars, intellectuals and lawyers must teach their students the logical, investigative, and systematic method of learning law.

The students must know the principles of critical appraisal and problem-solving. Legal education aims at teaching the students how to think like lawyers. Students must learn how to make arguments for a favourable interpretation of an existing rule of law or for adopting a new one.

Thus, legal education intends to provide knowledge on recognising, expressing, criticising and assessing the law and its application.

The curriculum in the first year of law school must consist of several courses having practical significance. Students in all the classes are required to learn how to ‘brief’ the cases, which is to create a concise summary of each judicial judgment outlining the relevant facts, issues, holdings and legal reasoning.

All entities, including academics and lawyers, must pay attention to university law departments.

Lawyers can address the issue of the obsolete legal education system in their respective bar councils and bar associations. At the same time, the academicians should take up the matter at relevant platforms, like university-based decision-making bodies.

A proper and sophisticated legal system could enhance the whole administration and justice system, which depends on radical and innovative skills to address complex legal problems.

Imtiaz Ali Shah
Former district judge
Karachi

Published in Dawn, October 17th, 2022