Uses of Values in Legal Education

Foreword Preface Acknowledgements PART I. STATUS QUO AND WHERE TO GOChapter 1. The Values of Legal Educators 1. Aligning with the Interests of Law Students 1.1. Do No Harm 1.2. Pluralism and Autonomy 2. Taking Ourselves Seriously: the Importance of What We Care About 2.1. Build Capabilities 2.2. Promote Sound Reasoning and Clear Expression 2.3. Promote the Seeking of Truth by Students 2.4. Include Students in a Scholarly CommunityChapter 2. Is it the Duty of Educators to Care What is in the Best Interests of Students? 1. Why We Cannot Rely upon Consumer Choice to Identify the Best Interests of Students 1.1. Individual versus Group Utility: the Problem of Prestige Markets 1.2. Education Changes the Consumer: the Problem of Changing Utility over Time 1.3. The Future is Unknowable: the Problem of a Non-Ergodic World 2. How Student Harm Demonstrates Students Cannot Protect Themselves if Academics do not Identify their Best Interests 3. Conclusion: It is for Institutions and Academics to Work for the Best Interests of Students Chapter 3. The Content of a Value-Informed Curriculum 1. Value Pluralism as a Necessary Pose 2. Values External to Law 2.1. Values that Support Political Rather than Authoritarian Government 2.2. The Rule of Law 2.2.1. Legal Decision Making: the Trial as a Paradigm of Rationality 2.2.2. The Trial as a Fair Process 2.2.3. The Trial as a Process that Tests Truth: Toulmin's Invariant Features of Argument 2.3. The Contingent and Contentious Application of Values External to Law 3. Values Internal to Law 3.1. Casuistic Law 3.1.1. The Problem of Generality in Legal Scholarship and Teaching 3.1.2. Law as the Link Between the General Principle and the Case at Hand: Casuistic Reasoning3.1.3. Casuistic Reasoning and the Signature Pedagogies of Law 3.2. Bridging Time: Transactional Law 3.3. The Lawyer and the Client 4. Conclusion: the Need for Both External Evaluative Criteria and Internal Legal Virtues in Legal Education PART II. HOW VALUES SUPPORT LEARNINGChapter 4. Student Motivation 1. Introduction: the Idea of Intrinsic Motivation 2. The Origins of Self-Determination Theory 3. Extrinsic Motivation 4. Helping Students Become More Self-Determined 4.1. Some Experiential Support for the Theory 4.2. Some Experimental Support for the Theory 5. Incentives and Unintended Consequences PART III. TEACHING ETHICSChapter 5. Teaching Ethics 1. The Case against Ethical Conduct as an Educational Aim in Higher Education 2. The Four Components of Ethical Action Chapter 6. Seeing Ethical Problems 1. Teaching Moral Sensitivity 2. A Commonly Held but False Dichotomy: Either Cooperating or Competing 3. Helping Students Reject the False Dichotomy Chapter 7. Teaching Moral Judgment 1. Five Common Misconceptions 1.1. Is Moral Reasoning Different from Reasoning? 1.2. Ethics are Merely Personal Feelings 1.3. Ethical Reasoning is Just About Making Us Feel Good After the Fact 1.4. If an Ethical Principle is not Absolute then it is not a Principle 1.5. Assessing Ethics is the Same as Assessing Any Other Area of Learning 2. The Use of the Dilemma in Teaching and Learning 3. Evidence for Moral Development through Group Discussion 4. Critical Legal Thinking 5. A Land Law Dilemma Chapter 8. Ethical Identity 1. Teaching Moral Motivation 2. Why Do People Act Morally? 3. What Does it Mean for a Person to Have a Fundamental Principle? 4. Teaching Moral Motivation is Value-Informed Legal Education5. Allowing Students to Envisage Themselves More Objectively 6. Diversity: Awareness of Difference 7. Public Role Models 8. Fictional Characters 9. Clinical Legal Education Chapter 9. Ethical Action 1. Teaching Moral Character 2. Giving Voice to Values: Some Problems 3. Giving Voice to Values: Some Strengths 4. Giving Voice to Values: Some Valuable Insights Table of Cases Bibliography Index