Abstract

The transformation of educational institutions in South Africa led to institutions of higher learning rethinking their role in the new democratic era. This changed context called for wide-ranging curriculum reform within law schools and faculties. Curriculum changes were also impacted by the call from the profession to address the skills deficit of graduates, who were seen as lacking basic skills such as researching, reading and writing. The University of the Witwatersrand's School of Law responded by making extensive changes to its existing curriculum during the period 2009-2012. This research sets out to examine the change to a skills-based LLB curriculum through the lens of the family law course implemented in 2012. The basis of the research is the argument that any educational change or reform should look beyond institutional change. It should also look at what has changed in practice with respect to the experiences of the individuals involved, at a personal level. This study focuses on the process of change, within the course as well as on an understanding of the phenomenology of change ― how people in the family law course actually experience the change, in distinction from how the change was intended. The study adopted a mixed methods approach with a primarily qualitative focus, and was interested in understanding how the individuals affected were interpreting their experiences within the course. Through the use of questionnaires, interviews and focus groups the study revealed that for effective change the initiators need to understand the nature of change and acknowledge the views of all participants. This calls for the generation of shared meaning. The isolated tale of success of the family law course told in this study is not an indication that all of the courses impacted by change were successful. This study focuses on a single course, but it is the start of developing a deeper understanding of the process of change within a law school and to a law curriculum.
 

Highlights

  • With the call for the transformation of educational institutions in South Africa during the mid-1990s, institutions of higher learning were forced to examine their role and their contribution to the new democratic era.1 To this end the Education White Paper 3 provided an outline of the contribution expected of Higher Education Institutions toward social reconstruction and development

  • The role played by the principle driving agents is highlighted, with respect to the identification of important skills and skills-based courses. This is followed by the presentation of documentary evidence derived from the focus groups and interviews, which provided the data, the analysis of which leads to the findings with respect to the key objectives, purpose and implementation of a change to a skills-based curriculum

  • In addition to acquiring the skills and knowledge necessary for legal practice, law graduates are expected to acquire the universal skills set of other disciplines. This universal skills set is described in the HEQF as follows: "[a] Bachelor's degree has the primary purpose of providing well-rounded broad education that equips graduates with the knowledge base, theory and methodology of disciplines and enables them to demonstrate initiative and responsibility in an academic or professional context"

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Summary

Introduction

With the call for the transformation of educational institutions in South Africa during the mid-1990s, institutions of higher learning were forced to examine their role and their contribution to the new democratic era. To this end the Education White Paper 3 provided an outline of the contribution expected of Higher Education Institutions toward social reconstruction and development. The University of Witwatersrand's School of Law (hereinafter Wits Law School) responded to this call by making extensive changes to its curriculum during the period 2009-2012.7 The intention was to improve the substantive teaching of the basic principles of law and to adapt to a more skills-based approach in line with the outcomes-based education model followed in high schools at that time.8 The context of such change presented an opportunity to carry out a research study that examined the shift toward a more skills-based approach in the LLB degree. The role played by the principle driving agents is highlighted, with respect to the identification of important skills and skills-based courses This is followed by the presentation of documentary evidence derived from the focus groups and interviews, which provided the data, the analysis of which leads to the findings with respect to the key objectives, purpose and implementation of a change to a skills-based curriculum. The final section of this contribution describes the analysis of the data and key findings, followed by recommendations and concluding statements

Definition and purpose of a skills-based course
Changing environment
Skills-based curriculum
Methodology – research design
Findings and analysis
Student demographics
Focus groups and interviews
Theme 1
School leavers
Adapting to a different academic culture
Support system
Postgraduate students
Theme 2
Student responses
Curriculum change in the law school
The Family Law course
Perceptions of students by lecturers
Conclusion
Literature
Full Text
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