Asian Journal of Legal Education

Publisher:: Sage Publications, Inc.
Publication date:: 2021-10-06

ISBN:: 2322-0058

Issue Number

Latest documents

Building Integrity in Law Students Before They Become Lawyers in Indonesia
The integrity of Indonesian advocates is regulated by the Law 18/2003 concerning Advocates and the 2002 Code of Ethics for Indonesian Advocates. However, in a discussion of integrity, it is not sufficient to limit the scope to advocates since the definition of an advocate in the Law 18/2003 is narrower than the definition of a lawyer. As a result, the discussion has to go beyond the Law 18/2003 concerning Advocates and the 2002 Code of Ethics for Indonesian Advocates to have a wider reach. Integrity must be in Indonesia’s law schools in a more comprehensive manner. Other factors that promote the development of integrity and increase the competitiveness of lawyers must also be covered in Indonesian law schools. Finally, there is a need for an ecosystem that promotes the integrity of lawyers, involving law schools, law enforcements, clients and other related parties.
Teaching International Law in the Time of COVID-19: A View from the Experience and Beyond
In the context of the COVID-19 pandemic, the opportunity has arisen to reconsider educational concepts in general and the teaching of international law in particular. International Law professors have been required to participate in mandatory online learning and teaching during the pandemic. The students of today are self-organized learners and active observers who are able to cope with new situations. In the future, is it possible to combine online and in-person teaching? This article aims to describe our experience teaching international law using technologies in a theoretical setting. With current circumstances in mind, it is necessary to consider ways to seamlessly integrate physical and digital methods and tools. The result is a more active, flexible, and meaningful learning experience. To this end, we borrow Pope Francis’ words: ‘Peggio di questa crisi c’è solo il dramma di sprecarla’—the only thing worse than this is the misfortune of wasting it, in the sense of failing to learn from it.
Sexual Harassment of Women in Higher Academia: A Study with Special Reference to Teacher–Student Relation
Sexual harassment is one of the major challenges in academia in India and abroad. It has been manifested in various forms such as physical, verbal and non-verbal harassment. At times the issue of sexual harassment goes unreported and where it is reported, to what extent it is addressed and how effectively it is handled by the authorities responsible to prevent the same is an issue of concern. The paper explores through case studies, the nature and magnitude of sexual harassment in institutions imparting higher education. It attempts to understand the nature of sexual harassment of women in such institutions and to find the legal and procedural mechanism to prevent and control sexual harassment of students and employees in academia. The paper argues that the law on prevention of sexual harassment of women in the workplace has various gaps which need to be addressed for doing justice to the complainant and accused of sexual harassment. The paper attempts to provide suggestions for dealing with the deficiencies of the Act of 2013 and the rules made under it. The research methodology applied in this research is primarily doctrinal and is based on secondary sources such as research papers, case studies, case comments, reports, commentaries, media reporting, books, human rights instruments and judicial decisions. The researchers have made a case study of 30 cases, and 15 representative cases have been incorporated into the present study.
The New Haven School Matters: An Inquiry into Insights of the Policy-oriented Jurisprudence for the Pedagogy of International Law in Iran
While the scope of the theories of international law has expanded over the past decades, the formalist rule-oriented approaches are still dominant scholarly traditions in Iranian legal studies. Describing the internal structure of the New Haven School of international law, the author suggests that the Iranian community of international law may embrace the methodological frame of policy-oriented jurisprudence in doctrinal legal research. It is an irrefutable fact that the rule-oriented schools (including positivism and natural law) could provide compelling insights into some features of international law; however, a profound understanding of the dynamic and changing process of international lawmaking requires moving beyond a set of supposedly fair and neutral legal rules. The policy-oriented perspective has provided a variety of intellectual tools and concepts (including the elements of the world constitutive process: participants, perspectives, arenas of decisions, bases of power, strategies and outcomes) to identify and influence the comprehensive process of authoritative decisions.
Making a Case for Teaching Caste and Gender in Law Schools
This article argues for mainstreaming of caste and gender as subject matter in legal education in India. Justice education in any country ought to introduce students to the main axis of oppression, historical patterns of discrimination in their society—in the United States, it is race and patriarchy; in India, it is caste patriarchy. The article connects the denial of justice in caste crimes to the invisibility of caste in the legal discourse and insists that legal education is the key to making caste and gender visible within the legal machinery. For this purpose, the article examines how critical race and feminist theory informed law school education in the United States. It also elucidates the efforts of making legal education inclusive and reflective through the national law schools experiment in India. Lastly, it suggests ways in which caste and gender can be included in law school curricula.
The Impact of COVID-19 on Learning and Training of Law Enforcers: A Case for Fire and Rescue Department of Malaysia
In the era of the COVID-19 pandemic, online distance learning is an essential part of ongoing education for law enforcement officers all over the country. However, limited research has been done on using learning management systems by law enforcement agencies for professional development. This study aims to determine how law enforcement officers perceive and respond to distance learning as a tool for professional development. They may have adopted distance learning technology without determining its effectiveness in training or education. This study examines the characteristics, benefits and drawbacks of open distance learning (ODL), as well as the difficulties in its application to the legal training of fire services officers (FS officers) in the Fire and Rescue Department of Malaysia. The study utilized a focus group consisting of 15 FS officers. Quantitative and qualitative data are combined using the mixed-methods research design. The findings indicate that FS officers encountered various obstacles when applying to and completing training programmes via online ODL, which included practical legal training. The primary hurdles identified are adaptability, technical knowledge, computer literacy, communication, distraction issues and time management. However, the study found that law enforcement officers perceive and respond well to distance learning as a tool for professional development. The instructional material design stimulates active learning by the trainees so they can track their progress during the training, contributing to this result.
The ‘Legal Unconscious’: Exploring the Intersection of Law and Psychoanalysis
This article explores the intersection between law and psychoanalysis. We argue that psychoanalysis provides a method of reading the law in a novel, nuanced and subversive way. Paying attention to repetitions and repressions in the text of the law, one can discern, what has been named, ‘the legal unconscious’. The essay seeks to introduce law students to some of the foundational ideas of psychoanalysis and illustrate the possibilities of alternative legal imaginations that this method opens up.
The Challenges of Education Development of Ethnic Minorities in Vietnam and Handling Solutions
Education for ethnic minorities (EM) in Vietnam faces different challenges. In each stage of the country’s development, it stands before the difficulties and problems rooted in various specific socio-economic and cultural factors. In the present, even though the government has put many efforts to develop EMs, the gap between the ethnic majority and EMs is still not narrowed, even unchanged in some aspects. Being one of the decisive factors for the development of EMs, education should be put in the centre of the efforts of the Vietnam government. This article analyses some challenges to the education development of EMs. The concept covering the contents of this article is that in any country, especially in Vietnam as a developing country, the government cannot narrow the development gap between ethnic majority Kinh on the one hand and EMs on the other hand if the latter’s right to education is not appropriately provided and duly implemented.
Secured Lending on Intellectual Property Rights in India: Issues on Valuation
Valuation is a critical exercise for commercial enterprises, as it is used to assess the best possible value for various transactions. It has been observed that many of these transactions involve intangible assets, including intellectual property (IP) assets. However, present Indian valuation standards treat IP rights as a class within intangible assets, which affects the realization of the true value of IP. As enterprises push towards maximizing value from IP assets, the ability to avail credit backed by such assets from traditional financial organizations in India, through a transparent mainstream process, will be one of the focal points of consideration. However, this will require a standardized valuation approach that can be clearly understood and applied by all the stakeholders. This paper presents a method to identify and value IP in its own right, in light of applicable Indian accounting standards and that of some leading economies of the world.
A Study of Legal Education Systems in Russia, India and Brazil: Issues and Suggestions for Global Education
Education is a crucial tool for bringing a positive change in society and for the growth of the economy. While talking about legal education, in particular, it has been imparted in all the nations in some form or other, and it is imperative to impart legal education properly to make the members of the society more civilized and stable. Legal education can play a vital role in bringing peace, justice and imparting human rights in society. However, there are numerous challenges that the education systems face all across the globe, and there is a need to look into these challenges for the growth of the society. The researchers in this article have provided a detailed analysis of the education systems in three different countries, that is, Russia, India and Brazil. The researchers have further discussed the issues and challenges in the legal education systems in these countries, and in the end, suggestions have been provided for bringing a change in the global education system.