Graduate standards in law: a framework for describing graduateness in law

A framework for describing graduateness in law

(Transcript of a section of the Graduate standards in law report, 1997)


The project has identified four issues which need to be tackled by institutions as part of graduateness in law:

1. domains: what are the areas in which we expect performance?
2. typology: what is the character of the programme in which the student is being assessed?
3. level: does it make sense in law to talk of different levels or is there a single level of performance required; can we talk of a difference between level 1, level 3 and level M performance in contract? do we actually think that way? Are skills elements really set at levels or in terms of basic and proficient competence? (ie is it better to say that a final year student achieves level 3 in subject knowledge, but a student needs to demonstrate only basic competence in teamwork and IT?)
4. classification: are we able to articulate different levels of performance in different classes?

It is suggested that something along the lines of the statements on domains and typology set out here could provide a broad national framework which is not unduly constraining, and which could then be developed by institutions in their own distinctive way by means of programme specifications.

Domains

A consensus is emerging, following national consultation with law schools and the professions, that the key distinctions in each area are as follows.

Subject-specific abilities

• knowledge: knowledge and understanding of the concepts, values, principles, rules, institutions and procedures of law and the legal system
• application/problem solving: the ability to make use of knowledge in specific settings, through appreciating the parameters of the setting and through relating knowledge to concrete situations (real or hypothetical)
• sources and research: the ability to make use of appropriate sources and to conduct independent inquiries in order to establish the knowledge on a particular topic

General intellectual abilities

• analysis and synthesis: ability to recognise and distil items and issues in terms of relevance and importance; ability to bring together and integrate information and materials from a variety of different sources in a coherent way
• evaluation and creativity: ability to make an informed judgment about the importance and merits of particular solutions; able to offer reasoned arguments in favour of a chosen point of view; ability to make a personal judgment about the merits of competing alternatives; ability to create new or imaginative solutions by approaching the problem or using material in different ways

Personal and interpersonal skills

• autonomy: ability to take initiative and to be self-directed in undertaking tasks; ability to reflect on and learn from one’s own learning and that of others
• communication and literacy: ability to present knowledge in a way which is comprehensible to others and which is directed at their concerns; ability to use chosen forms of communication (oral, written) effectively; ability to read and communicate about materials which are technical and complex at an appropriate level of sophistication

Key skills

Ability to use numbers, information technology and to set up technological tools for personal use in ways which are appropriate to a professional person in the modern world.

Typology of degrees

We might distinguish four kinds of focus for the study of law, which may serve as benchmarks. In broad terms, there is an academic focus and a vocational focus, but within these there are differences between those who take law as the principal focus of their degree and for whom depth of study is emphasised, and those who combine law, in varying proportions, with other disciplines for whom breadth of knowledge is important.

• specialist (Dearing’s single subject): focus on critical intellectual development; likely to focus on developing ideas and having breadth of perspective
• mixed discipline (Dearing’s combined): law studied as one of a small number of disciplines within a programme of study; this is likely to be with an academic focus, but could be with a vocational focus outside law (in which case, below might be better)
• vocational (Dearing’s professional): specific focus on helping an individual to develop as a good lawyer/ professional, prepared for the future in practice
• law as a subsidiary subject (Dearing’s broad): law studied as a minor part of another programme of study, for example business studies

Each of these types is described below in terms of the main domains of graduateness. The conclusion would be:

1. that the domains do not have the same content in the different kinds of degree. It might be argued that the achievements are at a different level (for example all law for business is basically level 1, whenever studied), but this is to over simplify the intellectual challenge for the student in the different kinds of programme. It could rightly be argued that complexity is to be judged not simply in terms of the module studied, but the broader learning context into which it fits.
2. that the relative priority of the domains within the different types of degree is not the same. (Thus, the six top requirements in each type of degree may not necessarily be the same.)

Six top requirements

Specialist	Several discipline	Law subsidiary	Vocational
evaluation and creativity	knowledge of legal principle	knowledge of legal rules	comprehensive technical knowledge
knowledge of legal principle	analysis and synthesis	subject application	problem solving application
analysis and synthesis	subject application	analysis and synthesis	communication
research ability	evaluation and creativity	communication	team working
subject application	communication	key skills	professionalism
communication	professionalism	evaluation and creativity	key skills

A chart can be used to illustrate the way in which a distinction could be drawn between the expectations of students on different kinds of programme of study. It takes as its focus the 2.1/2.2 borderline (being now the median degree level) and expresses what a student might be expected to be able to do at the end of their first degree in the four different types of degree programme which include law as a significant element.

Last Modified: 4 June 2010