Preferential Treatment, Social Justice, and the Part‐time Law Student – The Case for the Value‐added Part‐time Law Degree

Abstract

There has been growing pressure to increase diversity in legal education and the legal profession in England and Wales. While this has focused upon the absence of certain groups such as women, ethnic minorities, and the disabled, there has been no specific discussion of part‐time law students. Drawing on questionnaires and focus groups with part‐time law students across England and Wales, this article examines how their background and experiences may hamper their ability to participate and succeed in higher education and legal practice. In response to the consistent omission of part‐time students' needs from attempts to enhance social diversity in universities and the legal profession, it also argues that affirmative action is now necessary and justified in respect of these students. Pragmatic suggestions are made for a contextual approach to affirmative action for part‐time law students which adds value to their degree. Finally, the potential effects of affirmative action on part‐time law students themselves and upon the gatekeepers to the legal profession are explored.