How is reflection “framed” for legal professional identity? Using Bernstein and Leering to understand the potential for reflection in our curriculum as written, experienced and assessed

Abstract

ABSTRACTThe undergraduate study of law involves students developing an understanding of the canon of established knowledge about the domestic and international legal structure relevant to their chosen jurisdiction, with such education influenced in part by the curriculum design choices of the host law school. It will be proposed here that, in addition to teaching core legal knowledge, the LLB programme has the potential to provide an opportunity for all to learn and develop as integrated reflective practitioners. It is acknowledged that this process may take place without any overt recognition within the law school curriculum design due to the formative nature of the university experience. However, it will be argued that by making such explorations of self-development an assessed component of the curriculum, we can enhance the students’ learning experience by providing a frame for their understanding of legal professional identity. The utility of core concepts derived from the work of Basil Bernstein and Michele Leering will be considered, together with an overview of insights gained from the experience of incorporating reflective assessments within the established guided-discovery problem-based learning model at York Law School. The potential for enhancing reflective practice in our curriculum as written, experienced and assessed will be explored, as will the relative merits of different types of reflective assessments.