Equality and Diversity in Legal Education 3
And here’s the third and final part of my reflections on the workshop on Equality and Diversity in Legal Education. Part 1 can be found here and part 2 here.
After lunch we had another set of parallel sessions and I chaired Session 2B. The first paper picked up the theme of ‘polish’ and helping students to assimilate. Dominic De Saulles took a pragmatic view that the legal culture at the Bar is what it is and then considered our responsibilities and duties to those of our students aspiring to the bar.
He noted the significant ethical challenges we face in helping or even encouraging students to join that legal culture which might mean they have to ascribe to values they find unpalatable and lose some of their sense of self in doing so. I wasn’t entirely convinced by the Kantian ethics justification for helping students learn to pass as barristers but I need to think about this a bit more. It seems to me that what would be more valuable is to talk about resistance and how things might be changed but I also accept that for that to be possible these non-authentic lawyers need to get into the professions otherwise there is little hope of a revolution from within! Dominic had some lovely pictures on his slides and one of my favourites was this one which shows a court room with lots of people doing things they shouldn’t be – the defendant is pleading guilty thus depriving lawyers of income, one advocate has lost the plot and is showing emotion, another id ducking rather than standing up for his client….
The second paper was given by Elisabeth Griffiths and grappled with hierarchies of rights and protection under the Equality Act 2010 and how this might play out in employer networks. She had some really interesting data on networks (or lack of networks) and we had an interesting discussion about how effective those networks might be and how much they are just for show or for ticking boxes.
I was also interested in Elisabeth’s comments about how doing this research has impacted on her teaching and is leading her to be less doctrinal in her approach. I do think what and how we research can have an impact on how we teach certain topics. I guess this is an argument for having people teaching in areas where they are also research active but I think it probably also says something about the relationship between research and teaching more generally. I have weekend brain though so I’ll wait to think about that a bit more until I am back on working day brain!
The day finished with a roundtable with Pat Leighton asking what is special about researching equality and diversity; Charlotte O’Brien offering comments on teaching equality and diversity in the very contested Brexit context and Debra Malpass of the SRA providing some information about a call for statistical analysis and a data workshop coming up shortly (sorry I tuned out on the project call because I can’t do stats). The roundtable touched on many of the thoughts I’d had throughout the day – we need more and better information about how inequalities are playing out across legal education and training and in the professions. We need longitudinal data, we need data that is richer and deeper than a questionnaire will offer, we need high quality qualitative empirical data and we need high quality clear and comprehensive quantitative data and we need to keep talking – to each other, to our students, to those in the profession and to anyone who will listen – and, perhaps more importantly than all of those – to those who don’t want to listen. Yes, most of all we need to be talking to them!
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