It's Land Law, Captain, but not as we know it: using drama to enhance large group learning

Drama has long been an important aspect of legal education in the form of the moot, and more recently in client interviewing and other forms of role play. In their paper at Learning in Law Annual Conference 2008 Mark Davys and Jenny Smith (Keele University) considered how sketches, storytelling, role play and even song can be used in lectures to facilitate learner engagement and make complex material more accessible.

Tracey Varnava (UKCLE) reports: I think I am correct in saying that UKCLE has never had a presenter singing to the audience before! Mark and Jenny’s presentation dealt with two issues common across all law schools – making the best use of lectures and the challenge of making land law engaging. To demonstrate, rather than presenting these ideas in the usual fashion, Mark and Jenny modelled these approaches as an intrinsic part of their presentation. Three delegates were also recruited to take part in a land law version of Blind Date.

Such techniques may strike some as frivolous or unworthy of the serious study of law, and Mark and Jenny acknowledged that their appeal varies depending on students’ preferred learning approach. For those who are auditory or visual learners, these techniques can have a positive influence on what students remember and understand. Apparently their use also encourages non-law students to attend the lectures, too – just to see the performance!

The presentation raised interesting questions about student engagement, particularly in the context of ‘difficult’ or unfamiliar subjects. No doubt the degree, and manner, in which it is appropriate to ‘sex up’ material to pique student interest will continue to be an area of debate in law schools, but in terms of this session it was clear that the medium really can be the message, if based on a clear and considered understanding of the pedagogical imperatives.

Mark and Jenny’s paper gives a flavour of their approach and details of the students’ response – both positive and negative.

In the beginning

Storyteller: Not that long ago, at a university not all that far away, there was a law lecturer who found himself lecturing on registered title and unregistered land. And this made the lecturer very happy. Not only did he enjoy the abstract geometry of land law, but he also delighted in how it could enable people to realise their dreams and desires. But as the lecture programme continued, he started to become very sad. Despite his excitement and enthusiasm, despite the fact that students admitted to finding the topic difficult, and despite the looming examination, attendance at his lectures began to fall and fall and fall. He began to wonder why this might be. Could it really be that land law was not as interesting as he thought it was?
 
Spectator: Well, perhaps land law wasn’t as interesting to students as it was to the enthusiastic lecturer, but it wasn’t necessarily the subject matter per se that had caused the drop in lecture attendance.

It is common for lecture attendance to decline as term progresses (Burd & Hodgson 2006). With a module cohort of between 250 and 300 students, the scale of land law lectures at Keele may be a factor in this decline. As it is much more difficult for students to concentrate in a large lecture (Bligh 1998:206) and students believe that absenteeism goes unnoticed in so large a group, they may feel that there is little benefit from regular attendance.

Skipping lectures in order to spend the time working on another module may also be a factor in the attenuation of attendance. At Keele land law is assessed by a January exam, whereas contract law, studied simultaneously with land, is assessed by a research essay. It is therefore probably not coincidental that land law lecture attendance drops markedly once contract essay titles are released in November.

Such assessment focused behaviour is common. Dolnicar (2005) identified a marked shift towards pragmatism in undergraduate lecture attendance, with one of the main reasons for attendance being to discover what they needed to learn in order to pass the assessments. However, our land law lecturer had expressly linked the final lectures and seminar to the forthcoming exam, and attendance was still poor.

Another factor is that, unlike the lecturer, the majority of students probably dislike and fear the ‘abstract geometry’ of land law. Teaching such a conceptual subject matter through large group lectures is not a good recipe for student engagement. The limitations of lectures are well documented – they tend to promote a surface approach to learning, rarely inspire students to learn further and are no better than other methods for transmitting information to large groups (Bligh 1998). In spite of this, the large group lecture remains a standard on most courses (Race 2007:61), with law lecturers in particular being slow to abandon them (Migdal & Cartwright 2000) usually due to economies of scale. What motivation is there for good students to leave their cosy room for a drafty lecture hall?

The inspirational model

Storyteller: As he reflected on what to do to help students share his love of land law the lecturer thought: “I wonder if it would help if I made the lectures more entertaining? Perhaps if the lecturer seemed zany, the students might come along just to see what the idiot does next – and if they did, at least they would be present – they might even listen to some of the lecture”. So the following semester he took to dressing up – James Bond, licensed to register, Professor Dumbledore from the Hogwarts School of Conveyancing…and he began to introduce a few spoof trailers:

Trouble free conveyancing, the final frontier…

These are the voyages of the Land Registration Act. Its continuing mission: to replace deed-based conveyancing, to seek out possession based titles and unregistered interests, to boldly facilitate electronic conveyancing where no title has been registered before.

And at first the lecturer was happy, because this seemed to be working. One student reported that friends who were not even studying land law would come to the lectures to see what character the lecturer would appear in. But the more he thought about it, the less happy the lecturer became. It all seemed superficial, and he had some sympathy with the, admittedly small, group of students who complained that this was not ‘proper’ university teaching. So, the next long vacation, he sat down again, and reflected on student feedback and his experiences of using drama and music elsewhere.

He noted that including drama helped break lectures up into manageable chunks – especially in the years when they were two hour sittings. The change of style and the break from learning could itself be helpful in maximising personal learning during a conventional lecture.

He also realised that linking concepts to illustrations from contemporary (or at least familiar) culture could make those concepts more memorable. He had already, for example, spotted that the initial letters of Prof Birks’ ‘five keys of land law’ (Birks 1998) could be rearranged, with a little ingenuity, to spell ‘TARDIS’ and that students (or those who watched Dr Who at least) seemed to remember them better this way.

So the lecturer decided to develop a combination of tools as part of the learning profile of the module. Some dramatic vignettes were retained to provide breaks for refreshment, whilst also highlighting key terminology or forthcoming material. Others, however, were also developed as express teaching tools – re-presenting ideas and concepts in new ways. And the lecturer also began to make use of storytelling techniques. For example, equity was introduced as follows:

So close your eyes, and come with me, if you will…

Picture the English legal system in the years shortly after the arrival of William the Conqueror. It is very different than the system we know today…
 
Let’s journey forward through time – watch how aspects of government begin to cluster to around the king and his retinue (did you see the one ruling queen as we passed her?). Can you see how the administration of law is no exception to this trend – look at how the royal courts gradually extend their jurisdiction, squeezing out the local courts and their law, until the royal law courts and their law have become common to the whole kingdom…
 
And notice all the benefits of this for a young legal system, watch the royal courts flex their muscles, test the limits of their powers, seeking to see that justice was done. But wait, something seems to be going wrong – judges are becoming more and more obsessed by proper procedure, the law is becoming more and more rigid…
 
Let’s look at John. John borrowed money, and repaid it promptly, but when he repaid the debt he forgot to get the lender to cancel his written agreement to repay. Now the lender is taking him to court, and the court is only interested in whether the written agreement has been cancelled…

And when the lecturer noticed the actual number of key themes he had identified in his pre-Christmas revision lecture, it could not be long before he ventured into song.

The Twelve Days of Land Law

In the last lecture of land law my tutor said to me:

1. Co-owners rights are in TOLATA
2. Severance means using cases
3. Trusts are vital to co-ownership
4. Know you way round the LRA
5. What makes a good unregistered title?
6. When will s.2 not apply?
7. Why bother with formalities?
8. There are three types of right
9. Two legal estates
10. Know your fixtures from your chattels
11. There are five keys to land law
12. But the question is: “What rights bind this land?”

Spectator: Can capturing students’ imaginations in this way make learners want to go to land law lectures, or does it just make a difficult subject even more impenetrable? For most undergraduate law students at Keele land law marks the transition from level 1 to level 2 learning. This transition, combined with the traditional student dread of property law subjects, means that it is particularly important to activate what Race (2005) has termed the students’ ‘want’ to learn. They may ‘need’ to learn land law in order to pass their exams, but can appealing to their creative imaginations in this way propel the students to actually ‘want’ to learn land law?

Although today’s students come from an unprecedentedly broad spectrum of ability and background (Ramsden 2003:4) the majority have no experience of land ownership, so it is no surprise that they find land law complex and inaccessible. Perhaps some students choose not to attend lectures because they never connect with the topic? Others may feel that the lectures have become an optional sideshow rather than a significant learning resource. If so, the solution may lie beyond simply enhancing lectures. Instead, our lecturer’s creative and tangential approach to learning land law needs to percolate through all the learning resources used in the module. Perhaps our enthusiastic lecturer should consider how information technology might help here?

Moving into the virtual age?

Storyteller: Whilst our lecturer was enjoying himself developing his lectures his university was enjoying itself developing its virtual learning environment (VLE). Soon all the scripts for the teaching vignettes were added to the land law teaching materials area, which also became the home of a text-based narrative designed to help students relate to the issues that land law addresses. Partially inspired by Mackenzie & Phillips ‘A practical approach to land law’ (1997), the Real Lives story follows three second year students through the process of buying the house in which they are lodging. The first episode, part of the pre-module reading materials, begins thus:

Real Lives: Land Law

Alexia and Brian had been very lucky in their search for accommodation for their second year – the four bedroom house was within easy reach of the university, in a nice part of the town, and the rent – or licence fee as it said on their agreement – was very cheap. True, they hadn’t planned on a resident landlord – but Denise was hardly ever there, and the house was fully furnished (apparently most of the furniture was left behind by the previous tenants). All the two friends had brought with them was their bed linen and computers. True, they had worried about finding a third tenant, but Charlie, a friend of Brian’s from korfball, had leapt at the chance. With the possible exception of his foghorn of an alarm clock and his alleged allergic reaction to washing-up liquid, they were rubbing along quite well when the semester finally got underway.
 
And then Denise dropped her bombshell. She had decided to sell the house. She also told the three friends that their tenancy agreement probably didn’t give them the right to stay in the house after it was sold -that would be up to the new owner. Denise then offered to sell the house to the three friends for £140,000. Alexia had just inherited £70,000 from her great uncle George. She had been planning to spend part of it and invest the rest, but she liked the idea of getting a foot on the property ladder…

Three further episodes were released as the module progressed, used within lectures for orientation, as a source for examples and discussion starters, and as the starting point for a practical exploration of title acquisition and registration.

Spectator: These various imaginative tools seek to generate an understanding of land law through human interest, relate new knowledge to students’ existing knowledge and offer students something that the textbook and other sources cannot – the hallmarks of effective lecturing (Bigg 2003:101, Dolcinar 2005:104). As research indicates that students learn more in lectures when techniques are used to vary stimulation (Bligh 1998:50-61), such variety of delivery and change of pace should help engage the students’ attention and make the content more memorable. These qualities may also improve attendance, with one study finding that enjoying a lecture was the top reason for not missing one (Hunter & Tetley 1999). However, Biggs reminds us that “[t]he lecture is…as good as the lecturer, not as crowd pleaser but as scholar” (Biggs 2005:101). It is essential that any set pieces are relevant, highlight the learning objectives and accentuate rather than distract from the lecture material.

As well as being fun, the use of sketches and songs to introduce or reinforce key concepts should appeal to different learning styles. For example, information is delivered through the dialogue between characters (auditory learners) as well as through the display of the drama (visual learners). Although students have always absorbed and understood information in different ways, widening participation means that it is even more imperative that we cater for diverse learning approaches.

However, for all the benefits of this hybrid approach we must consider whether we risk alienating students who prefer a more traditional lecturing style – some students may have certain expectations of how a law lecture should be – difficult and dry, more highbrow than hybrid. There is also the possibility that some students may not ‘get’ the analogies, perhaps because of their cultural specificity. What do the learners of land law at Keele have to say about this more creative approach to teaching? Is the risk of alienating some students a real one?

Student feedback

Storyteller: Student feedback, especially that gathered through the end of module evaluation form, showed that some students believed that the vignettes and stories significantly helped their learning. Comments included:

• The lectures were made interesting and I was more encouraged to attend them.
• The lectures [were] fun and enjoyable as well as being informative, it has made me want to go to land law lectures. Land law is a difficult subject but equally once you get so far in you are hooked.
• The lectures were really useful as he kept us interested and did not just read out massive amounts of text.
• Land law is obviously not easy but I think the enthusiasm from the department towards the subject really helped make the subject that little bit easier.
• Very, very good way of delivering the lectures in an informative but also very interesting and amusing way, keeping me from falling asleep…an excellent job.
• I thought the module overall was an inventive take on what could have been a very boring aspect of law.

However, other students were less positive (to say the least):

• Please don’t think that I am being unfair in my comments. I think that when [he] gives his lectures, nobody in the whole of the universe can dispute his endeavours, but it is about application of such. I feel that it would be more benefiting that he kept things simple rather than getting caught up in dressing up because this acts more of distraction from the point that he is making.
• It was hard to take someone serious who seemed to teach anything in relation to Buffy, Star Trek etc. Those programmes don’t interest me in themselves let alone when there integrated with the hardest module I have studied to date.
• The lectures were so boring that I lost focus most of the time.

It would be alarming if the feedback was universally positive. The drama and other tools are part of an integrated programme designed to appeal to a range of learning styles rather than offering ‘one size fits all’. What is, perhaps, concerning, is that some students are reluctant to recognise the validity of teaching that does not appeal to their own ways of learning.

Related to this, the use of drama has highlighted some student expectations of learning, and lectures in particular. One student posted the following, when asked for suggestions for a revision lecture:

• I think that role plays are ridiculous – it’s completely immature and inappropriate at degree level.

Which begs the question, what is appropriate at degree level? I strongly believe that lectures that are exercises in dictation and note-taking are inappropriate – yet they appear to be what many students want and expect. Perhaps one of the tasks of the lecturer is to persuade students that writing is not the same as listening, or thinking, or learning – and that sometimes we have to stop writing in order to attempt the other three.

A colleague has suggested that some students project onto the lecture style their own failure or refusal to spend time learning and engaging with the subject. The VLE, textbooks and tutorials offer more than adequate ‘conventional’ approaches. This again begs the question of how we help students learn how to learn.

What is clear is that this novel approach has not succeeded in its original aim – lecture attendance still drops noticeably in the final third of the teaching. Exam performance has, improved over recent years, although it is difficult to draw a specific link between this and the dramatic style of the teaching. However, more and more students seem to be discovering an interest in property law, and there is anecdotal evidence that the sketches help some students remember key concepts and doctrines. More than one student has described how, when faced with the need to explain the difference between legal and equitable interests, their mind has gone to Blind Date.

Blind Date, land law style

The compere welcomes the audience and the three rights:

1. Personal Right
2. Real Right (legal, proprietary)
3. Equitable Right

He then introduces the ‘date’ and invites him or her to question the three rights.

Question 1: I am interested in entering into an open relationship, so I need a type of right that’s prepared to be flexible. How flexible are you prepared to be?

1. Personal Right – Flexibility is my second name – I mean provided that my terms are discernable and legal you can use me to do just about anything that you want to agree to do with just about anybody -provided that they are a legal person, of course!
2. Real Right – Security is what I have to offer to any relationship. I am definable, easily identifiable, easily acquired by others, but usually stable, even permanent. I may seem a little set in my ways, but if you are willing to do it my way you’ll get exactly what you want.
3. Equitable Right – I like to think that I can combine stability and flexibility, but at the end of the day I think that doing what is right and fair is more important than either.

Question 2: It is important for me to know whether I am your type. What type of person are you particularly interested in?

1. Personal Right – I am interested in just about anybody and everybody – I am a real people type of right – I just love bringing people together – and I’d just love to get a little personal with you!
2. Real Right – I am interested in just about any type of person – provided that they have some property to relate to. For me, you see, it’s the thing that’s the thing!
3. Equitable Right – The most important person to me is my darling – the lovely bona fide purchaser for value of a legal estate without notice. [lost for a few moments] I am enforceable against anyone except a purchaser for value without notice – so if you are in good faith perhaps you could be my darling?

Question 3: I am looking for a type of right that is strong and that will stand up for me if I feel vulnerable. Are you that type of right?

1. Personal Right – As I said, with me its personal – I’ll stand up for you against any other party to the agreement – and make sure that they pay you compensation!
2. Real Right – I am just the right for you – I am good against anybody who tries to take your land – and if they have taken it, I will get it back for you – all your rights, not just monetary compensation.
3. Equitable Right – It all depends – you always need to consider both sides of the argument – but if your claim is good I’ll be glad to help – unless, of course, the other party is my darling – that delightful bona fide purchaser without notice!

Voice off – So will it be:

• Number 1 – Personal Right – your flexible friend, but unable to protect you from a third party claim!
• Or will you get ‘real’ with the legal character of Number 2? Safe and secure – but you have to do it his/her way!
• Or will to choose number 3 – Equity is delightful and fair – but always on the lookout for his/her darling.

The choice is yours!

The next frontier

Spectator: This approach could be developed using video and audio podcasts on the VLE, either as an addition or replacement to lecture-based drama. Not only could recorded sketches be properly edited before being released to the students, but students could download them to their PCs or portable media players and watch them as many times as they liked and wherever they liked. However, if used as a replacement for drama in lectures, the benefits of enlivening the student-tutor face-to-face interaction would be lost and the character of the lectures would be significantly altered. Removing the drama from lectures might also suggest that it is an optional extra, rather than an integrated part of the learning experience.

Involving students in the design and delivery of the sketches (during tutorials, for example) would be a valuable way of developing the narrative approach. At present, those who learn more by doing may not benefit significantly from sketches and songs delivered by the lecturer, being still onlookers rather than participants. Inviting students to devise and deliver materials should enable students to transfer their learning to a novel context, thus hopefully making key concepts more intelligible and more memorable.

Storyteller: Land law: the musical.

Presentation of the sketches by students rather than staff would help to re-centre the activity on the learners. They would also benefit from working together as a creative group, developing presentation skills and competence. Less ambitious alternatives include inviting students to design land law themed posters, diagrams or cartoons.

Currently the presenters are reviewing and reflecting on feedback from students and their own experience of using these teaching techniques, seeking to bolster their approach and ensure it is used in a relevant way, accentuating rather than distracting from learning.

References

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• Biggs J (2003) Teaching for quality learning at university: what the student does (2nd ed) Buckingham: Open University Press
• Birks P (1998) ‘Before we begin: five keys to land law’ in S Bright & J Dewar (eds) Land law: themes and perspectives Oxford: OUP 457–486
• Bligh D (1998) What’s the use of lectures? (5th ed) Exeter: Intellect
• Burd E & Hodgson B (2006) ‘Attendance and attainment: a five year study’ Italics 5
• Dolnicar S (2005) ‘Should we still lecture or just post examination questions on the Web?: the nature of the shift towards pragmatism in undergraduate lecture attendance’ Quality in Higher Education 11(2)
• Hunter S & Tetley J (1999) Lectures: why don’t students attend? Why do students attend? (PDF format, paper from the HERDSA Annual Conference)
• MacKenzie J & Phillips M (1997) A practical approach to land law (7th ed) London: Blackstone
• Migdal S & Cartwright M (2000) Electronic delivery in law: what difference does it make to results? Web Journal of Current Legal Issues 4
• Pickford R & Race P (2007) Making teaching work: ‘teaching smarter’ in post-compulsory education London: Sage
• Race P (2005) Making learning happen: a guide for post-compulsory education London: Sage
• Ramsden P (2003) Learning to teach in higher education (2nd ed) London: Routledge Falmer

Last Modified: 9 July 2010