Abstract

The Australian Learning and Teaching Council's Bachelor of Laws Learning and Teaching Academic Standards Statement sets out six Threshold Learning Outcomes (TLOs) for the Bachelor of Laws degree. These six TLOs represent what a Bachelor of Laws graduate is expected 'to know, understand and be able to do as a result of learning'. TLO3 relates to 'thinking skills', comprised of legal reasoning, critical thinking and creative thinking skills. This article seeks to assist those law schools and legal academics concerned about being called upon to demonstrate the ways in which TLO3 is developed by their students. It does so by summarising, analysing and synthesising the relevant academic literature, and identifying helpful examples of the conceptualisation of, justification for and teaching of thinking skills in the context of legal education.

Highlights

  • In December 2010 the Australian Learning and Teaching Council (ALTC) published the Bachelor of Laws Learning and Teaching Academic Standards Statement.[2]

  • The Australian Learning and Teaching Council’s Bachelor of Laws Learning and Teaching Academic Standards Statement sets out six Threshold Learning Outcomes (TLOs) for the Bachelor of Laws degree

  • The LLB LTAS Statement was the outcome of the Learning and Teaching Academic Standards Project in Law administered by Professors Sally Kift and Mark Israel as Discipline Scholars

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Summary

INTRODUCTION

In December 2010 the Australian Learning and Teaching Council (ALTC) published the Bachelor of Laws Learning and Teaching Academic Standards Statement (the LLB LTAS Statement).[2]. According to the Notes in the LLB LTAS Statement: Law graduates should be able to examine a text and/or a scenario (for example, a set of facts, a legal document, a legal narrative, a statute, a case report, or a law reform report), find the key issues (for example, unresolved disputes, ambiguities, or uncertainties), and articulate those issues clearly as a necessary precursor to analysing and generating appropriate responses to the issues. This skill includes the ability to discriminate between legal and non-legal issues, and between relevant and irrelevant issues. Many of the points about the scope of legal reasoning and the form that instructions to students might take will be of relevance and of interest to any law teacher who calls upon students to engage in legal reasoning and solve problems

A Legal reasoning texts
B Formalistic approaches
C Legal reasoning and logic
D Legal reasoning and policy
E Expanding the scope of legal reasoning
CONCLUSION
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