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Methods of teaching law: the lecture method

Legal Education and Research Methodology · Unit II · Topic 6 of 15 · 5 min read

An overview of law-teaching methods and how to choose among them, then the lecture: its continental and Indian history, its merits and defects, and how to make it work (the interactive lecture, structure, materials, and the tutorial and seminar as supplements).

On this page
  1. 1. The methods at a glance
  2. 2. The lecture method: meaning and history
  3. 3. Merits
  4. 4. Defects
  5. 5. Making the lecture work
  6. 6. Supplements: tutorial and seminar
  7. 7. Choosing a method: learning outcomes
  8. How this is examined
Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

The examinable core. Questions on teaching methods ask either for a survey (“Discuss the various methods of teaching law”) or for one method in depth. This note gives the survey and the lecture; the case, problem, Socratic and clinical methods follow. LL.M. students are expected to teach, so the examiner also looks for practical judgment about when each method works.

1. The methods at a glance

MethodMain aimStudent role
LectureTransmit knowledge and structureListen, note
Case methodAnalysis of judicial reasoningRead cases, extract principle
Socratic methodCritical reasoning under questioningAnswer, defend, revise
Problem methodApplication of law to factsSolve, advise
SeminarResearch and discussionPresent, debate
TutorialIndividual guidanceWrite, discuss with tutor
Moot court and simulationAdvocacy skillsArgue a case
Clinical methodSkills and values through real workServe clients under supervision

No method is best for every purpose. The choice depends on the aim of the course (knowledge, analysis, skills, values), the size of the class, the stage of the students, and the resources. A good course combines methods.

2. The lecture method: meaning and history

The lecture is an oral presentation by the teacher of an organised body of knowledge to a group of students. It is the oldest university method. In the medieval universities of Bologna and Paris, where Roman law was revived, the teacher read and explained the texts of the Corpus Juris Civilis and students copied them; the word comes from the Latin lectura, a reading. The lecture remains the dominant method in the civil-law systems of continental Europe, where law is taught as a systematic body of principle from codes.

In India the lecture came with the colonial law classes, delivered by part-time practitioners in the evenings. It is still the main method in most affiliated law colleges, partly by tradition and partly because classes are large.

3. Merits

4. Defects

The debate. The case-method reformers of Harvard in the 1870s and the Indian reformers of the 1970s and 1980s attacked the lecture as producing memorisers rather than lawyers. Defenders reply that the attack is really on bad lectures. A structured lecture that frames the questions, engages the class and sends students to the sources is still the most efficient way to introduce a subject. The modern view is that the lecture should be one part of a mixed method, not the whole of it.

5. Making the lecture work

  1. Plan: state the objectives; limit the content to a few main points.
  2. Structure: introduction (what and why), body (points in logical order), conclusion (summary and link to the next class).
  3. Interaction: pause for questions; pose a problem midway; ask students to apply a rule to a short set of facts. The “interactive lecture” combines the lecture with features of the Socratic and problem methods.
  4. Materials: give a reading list of cases and statutes; circulate an outline so that students listen instead of transcribing.
  5. Examples: use recent cases and local facts.
  6. Visual aids: diagrams of statutory schemes; slides used sparingly.
  7. Assessment: short tests and assignments that require reading beyond the lecture.

6. Supplements: tutorial and seminar

Tutorial. A small group or individual meeting in which students present written work and discuss it with a tutor. It is the basis of the Oxford and Cambridge system. It gives individual attention and develops writing and argument, but it is costly in teacher time.

Seminar. A group of students, each of whom researches and presents a topic, which is then discussed under the teacher’s guidance. It trains research, presentation and critical discussion, and is the standard method in LL.M. courses. Its weakness is that students who are not presenting may not prepare; the remedy is to require every member to submit a short response paper.

Moot court and simulation. Students argue a hypothetical appeal or conduct a mock trial. Moot Court Exercise is a compulsory clinical paper under the BCI’s Rules of Legal Education, 2008.

7. Choosing a method: learning outcomes

Educational theory offers a test for choosing among methods. Bloom’s taxonomy of educational objectives (1956, later revised) arranges learning from remembering and understanding, through applying and analysing, to evaluating and creating. The lecture serves the lower levels well; the case and Socratic methods serve analysis; the problem method serves application; the seminar, the dissertation and the clinic serve evaluation and creation. A teacher who states the intended outcome of each class can then choose the method that fits it. This is also the basis of outcome-based education, which accreditation bodies such as the National Assessment and Accreditation Council increasingly expect.

How this is examined

For a survey question, reproduce the table and give two merits and two defects of each method, ending with the need for a mixed method. For a question on the lecture alone, give its history, six merits, six defects, the debate, and the ways of making it work.

Now try the real questions: Legal Education and Research Methodology past question papers.