Volume 12, Issue 1, April 2023
Articles

Revisiting Educational Pedagogy in Nepalese Legal Education: Post Pandemic Situation

Gyanu Gautam
Associate Professor at Kathmandu School of Law

Published 2024-07-26

Keywords

  • Pedagogy, Legal Education, Cognitivism, Constructivism, Behaviorism, Covid-19

How to Cite

Gautam, G. (2024). Revisiting Educational Pedagogy in Nepalese Legal Education: Post Pandemic Situation. Kathmandu School of Law Review, 12(1), 178–196. https://doi.org/10.46985/kslr.v12i1.2230

Abstract

This paper examines the educational pedagogy of Nepali legal education from its earliest days to the current post-covid context using empirical research at Tribhuvan University, Purbanchal University, and Mid-Western University. In the light of many philosophical foundations, including cognitive, constructivist, social constructivist, behaviorist, and liberalist approach, the author has studied the pedagogies in lieu with the curriculum, syllabus, course coverage, examination modality, lesson Plan, teaching- learning ecosystem, and application of clinical and practical style of teaching in aforementioned universities.

In order to modernize and standardize legal education and develop competent, moral, and accountable legal professionals, Nepal Bar Council has released Legal Education Regulation 2077, which the author has complemented with a critical dissection of its prescriptions on pedagogical aspects. The Covid-19 pandemic-led changes, that floated around the world, have been analyzed in relation to the altered circumstances of contemporary legal education, particularly a paradigm shift that occurred in the law universities by switching its teaching method into online mediums. It is evident that in contrast to Behaviorism, (Social) Constructivism, and Liberalism, which had a trend of imparting legal knowledge practically and clinically, legal education during the Covid era was predominately text-based, carrying the legacy of cognitive approach to teaching. Therefore, it is crucial to make every effort to address the issues that are still present in the post-covid era by carefully revisiting the teaching methodologies of law.

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References

  1. Nepal Ko Sambhidhan (Constitution of Nepal), art. 31.
  2. The Act Relating to Compulsory and Free Education, 2075 (2018), Preamble 3 A novel corona virus is a new strain that has not been previously identified in humans. The new virus was subsequently named the “COVID-19 virus”. On 30 January 2020, Dr Tedros Adhanom Ghebreyesus, WHO declared the novel coronavirus outbreak a public health emergency of international concern. This disease from Epidemic became Pandemic WHO has stated it as “the new normal”.
  3. Pedagogical Skills, Available at https://helpfulprofessor.com/pedagogical-skills/ Accessed on 1st August 2022 5 Robert Johnson Bonner, Lawyers and litigants in ancient Athens: The genesis of the Legal Profession, Barnes & Noble, New York, reprint edition, 1927, p.204 6 Bal Bahadur Mukhiya, Contemporary Legal Education, Tribhuvan University Journal, volume 25:1, 2005, p.13.
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  6. Mahābhārata Udyoga Parva 44:16
  7. Etymological meaning of word Cognitive, Available at https://www.etymonline.com/word/cognitive , accessed on 3 August 2022
  8. For Plato, the crucial function of human cognition is to grasp truths. Explaining how we are able to do this is fundamental to understanding our cognitive powers. Plato addresses this topic from several different angles.
  9. The cognitive theory of Descartes emphasizes the importance of the mind in understanding human behavior and knowledge acquisition.
  10. Five Educational Learning Theories, Available at https://www.wgu.edu/blog/five-educational-learning-theories2005.html#close ,accessed on August 2022.
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  13. ibid 17 Vera Idaresit Akpan et.al, Social Constructivism: Implications on Teaching and Learning, British Journal of Education, Volume 8:8, 2020, p.50.
  14. ibid
  15. Edward Lee Thorndike was an educator and Psychologist expert from America. He published some books such as: Educational Psychology (1903), Mental and social Measurements (1904), Animal Intelligence (1911), A teacher’s Word Book (1921), Your City (1939), dan Human Nature and The Social Order (1940)
  16. Available at https://www.nlc.edu.np/#:~:text=Faculty%20of%20Law.-,A%20two%20year%20Certificate%20Level%20(CL)%20programme%20and%20a%20three,year%20Bachelor%20of%20Laws%20(LL, accessed on 20 July 2022.
  17. Ibid
  18. Ibid
  19. Ibid (n.5).
  20. Ibid
  21. Curriculum of BALLB Nepal Law Campus can be retrieved from https://www.nlc.edu.np/ accessed on 20 July 2022.
  22. Revised Syllabus of BALLB Kathmandu School of Law can be retrieved from https://ksl.edu.np/# accessed on 25 July 2022.
  23. Syllabus of LLM offered at Kathmandu School of Law can be retrieved from https://ksl.edu.np/assets/uploads/0edfb-ll.m-syllabusnew.pdf accessed on 25 July 2022.
  24. Based on the responses received from the questionnaires, the data is presented in the table.
  25. Based on the responses received from the questionnaires, the data has been presented in the table.
  26. Based on the responses received from the questionnaires, the data has been presented in the table.
  27. Based on the responses received from the questionnaires, the data has been presented in the table.
  28. The data has been presented based on the review of syllabus of the universities.
  29. Nepal Kanun Byabasaayi Parisad (Kaanuni Sikshya) Niyamaawoli, 2077 (Nepal Bar Council (Legal Education) Regulation, 2021), available at https://nepalbarcouncil.org.np/en/downloads/ accessed on 1 August 2022.
  30. ibid
  31. ibid
  32. ibid
  33. Available at https://nepalbarcouncil.org.np/en/legal-education-committee/ accessed on 1 August 2022
  34. उच्चच शिक्षाामा व्वैकलश्पिपक प्रणालीबाट शिकाइ िशहजीकरिण निर्ददेशिका, २०७७, विश्वि्िशवि्वद्याालयर अनिुदानि आयरोगबाट स्िशीकृत मिनमतत २०७७।०३।१९
  35. Yagyamani Neupane et.al. v Tribhuvan University and others, NKP 2078 (2021), Volume 8, Decision no. 10715.
  36. Purna Man Shakya, Report on Reform and Review in Legal Education, 2077
  37. The 15th National Five-Year plan of Nepal (2076/77-2080/81)
  38. A Report on Legal Education in the Developing Countries, 1975 published by International Legal Center
  39. National Knowledge Commission, The Report of the Working Group on Legal Education, 2007