Abstract
Society shapes the law and the law, we hope, might shape society for the better in turn. Legal traditions and practices therefore surely ought to secure for all citizens the prerequisites of a life worthy of human dignity. In a speech to the Routledge-Modise Law School in Johannesburg in September 2008, Justice Kate O’Regan[1] drew on Antony Kronman’s theory that one of the main characteristics identifying the practice of Law is that it is directly concerned with the public good. Lawyers have a responsibility to foster the legal system and the rule of law; at times, this might require them to suggest new laws or legislation; at other times, it might require them to criticize judgments which may not appear correct; at other times, they may need to protect the rule of law itself.[1] O’Regan, K. ‘Lawyering in Our New Constitutional Order.’ (2009). UCT News Alumni Magazine cited in Walker. M. Higher Education Pedagogies. (2016) Maidenhead: Open University Press & SRHE
Highlights
Society shapes the law and the law, we hope, might shape society for the better in turn
Many in the profession - who are working for social justice - perceive there to be a lack of such an orientation in lawyers in current times
The approach asks us how higher education is contributing to human development15, by recognising an expansion of the capabilities and functionings that people have reason to value
Summary
Society shapes the law and the law, we hope, might shape society for the better in turn. It provides a framework for an examination and understanding of the purposes of universities and of legal education settings, including the clinical, because it encourages us to consider individual opportunities for wellbeing achievement and agency in and through higher education. The approach asks us how higher education is contributing to human development, by recognising an expansion of the capabilities and functionings that people have reason to value. Various higher education studies have explored the approach’s theoretical richness in conceptualizing and articulating the changes that need to take place in universities if they are to contribute to human development and social justice.
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