Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education
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Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education
1Challenging the Primacy of Text: the Role of the Visual in Legal Education1Clare Sandford-CouchIntroductionIt has been suggested that, ‘western thoug Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationght has traditionally conceived of images as inferior and deceptive substitutes for written communications’ (Were 2005: 659). Arguably, this statement finds clear application in relation to legal education. Law is often seen, indeed often presents itself, as an image-less, completely rational langua Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationge, a text-based discourse. Most students, if asked, would probably tend to regard law as a text-based subject, referring to textbooks, statutes, caseClaire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education
reports etc. And yet the culture outside the ideal world of the legal text is relatively saturated with images (Wagner and Penack 2006). Arguably, in1Challenging the Primacy of Text: the Role of the Visual in Legal Education1Clare Sandford-CouchIntroductionIt has been suggested that, ‘western thoug Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationen shaped by its representation in film and television. Rarely do those representations or images accord with the experiences of legal professionals, or those engaging with law on an academic level2. Law students may well have absorbed these images of law and lawyers and have had their understanding Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education both reflected and shaped by popular culture, without necessarily making a connection between such images and the written sources of law they meet inClaire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education
the course of their studies. Students today may engage more readily and more comprehensively with images, such as graphs and other‘Earlier versions o1Challenging the Primacy of Text: the Role of the Visual in Legal Education1Clare Sandford-CouchIntroductionIt has been suggested that, ‘western thoug Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education comments and suggestions, especially Fiona Cownte. who encouraged me to further research this area. 1 should also like to thank my PhD supervisor at the University of Edinburgh. Dr. Claudia Bolgia. for her on-going patience2 These issues, amongst many others, were explored by articles posted to ‘Pi Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationcturing Justrce The Online Journal ofLaw and Popular Culture’, which ran from 1997-2006. Its archives are still accessible at http:..usf.usfca.edu PJ'Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education
https://khothuvien.cori!2visuals, than texts: ‘They enhance the classroom experience for students that have grown up in a multi-media environment and 1Challenging the Primacy of Text: the Role of the Visual in Legal Education1Clare Sandford-CouchIntroductionIt has been suggested that, ‘western thoug Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationmuch legal education, a disconnect between the impression of the law students gain from everyday life and from their studies.Within the space available, this essay aims to explore some of the reasons why legal education may be so resistant to the use of images, to consider some of the arguments in f Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationavour of doing so, and to address possible examples of how this might be achieved. Part 1 attempts to consider some of the reasons why legal educationClaire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education
generally does not make use of images, and also offers possible reasons why it should. Part 2 considers some alternative approaches to a ‘text-only’ 1Challenging the Primacy of Text: the Role of the Visual in Legal Education1Clare Sandford-CouchIntroductionIt has been suggested that, ‘western thoug Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationd the use of digital games in learning. Part 3 offers several case studies to explore how images have been incorporated in the law classroom. Finally, in Pan 4,1 offer some suggestions as to how images could be relatively painlessly included into the early years of an undergraduate law degree. A stu Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationdy of the English Legal System, for example, could provide a suitable forum to encourage students to go beyond text, by considering what we can leantClaire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education
of the law from looking at legal architecture and the image of justice. In this essay, I express the view that incorporating or referencing aspects of1Challenging the Primacy of Text: the Role of the Visual in Legal Education1Clare Sandford-CouchIntroductionIt has been suggested that, ‘western thoug Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education or of law, lawyers or lawyering, for example, may enable students more readily to explore complex notions such as the connection of law and society, or their understanding of concepts of ‘right’ and ‘wrong’ and the moral3dimension of law. Further, in utilising the creative effects of intersections Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationbetween law and visual culture we may also acknowledge the role of imagination in learning, for •imagination is that which allows US both to express aClaire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education
nd to understand ideas’ (Warnock 1976).Why Legal Education does not Make Use of Images, and Why It ShouldThe packed curriculum of today’s Qualifying L1Challenging the Primacy of Text: the Role of the Visual in Legal Education1Clare Sandford-CouchIntroductionIt has been suggested that, ‘western thoug Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education encourage creative thinking in law students, such as increased staff workloads, or staff reluctance to change their teaching, or departmental reluctance to move away from tried and tested teaching methods; class sizes, contact time, and the availability of suitable resources will also be contributo Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationry factors. These should be considered also in light of the difficulties one must acknowledge in attempting to engage with students’ moral imaginationClaire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education
: many would agree that ‘a discussion of the moral content of law in a world in which religious and other metaphysical certainties are no longer so se1Challenging the Primacy of Text: the Role of the Visual in Legal Education1Clare Sandford-CouchIntroductionIt has been suggested that, ‘western thoug Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education law could be attributed to the legal education of our legal educators, which is likely to have been heavily text-based: or, perhaps the reluctance may lie partly in a lack of confidence in their value as sources, and yet, studies suggest that ‘visual data does not have more problems to do with trus Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationtworthiness than does text-based data’ (Cousins 2009: 213). Perhaps it may be attributable to a fear of the unknown: lawyers, legal academics and lawClaire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education
students are so used to the primacy of text that the visual may seem to be at best a source of ‘illustration’ rather than ‘explanation’, but to see im1Challenging the Primacy of Text: the Role of the Visual in Legal Education1Clare Sandford-CouchIntroductionIt has been suggested that, ‘western thoug Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationhould make them a valuable resource in legal education: it appears that ‘unlike language and writing, visual forms access parts of our brains which have been in gear since we appeared on the earth’ (Cousins 2009: 214). Possibly for this reason, anthropology in particular has made extensive use of an Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationd studies into visual sources of data, which suggest that thinking through images is a process that ‘evidently relates to the way in which people formClaire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education
ulate and shape concepts about their world’ (Were 2005: 660): ‘much of the way we learn - as well as the intuitive means by which we form conclusions 1Challenging the Primacy of Text: the Role of the Visual in Legal Education1Clare Sandford-CouchIntroductionIt has been suggested that, ‘western thoug Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationare of particular relevance to legal education. It is possible that the general reluctance to include images in legal education may in fact be failing to make use of a resource which could help students to learn.Many studies have raised a concern that the ways in which we teach (and in many cases ar Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educatione possibly, because of financial considerations, constrained to teach) are not ones under which students flourish and learn to become active and indepClaire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education
endent learners4. When considering some of the desirable even essential skills required for ‘self-learning, competent lawyers and citizens for life’ -1Challenging the Primacy of Text: the Role of the Visual in Legal Education1Clare Sandford-CouchIntroductionIt has been suggested that, ‘western thoug Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education into this innate human ability to think through images, and the fact that images may well provoke a more emotional response than words alone could achieve, when their judgments involve an. often quite lyrical, verbal creation of an image. 1 am giateful to Geoffrey Samuel for this observation.“'Univ Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationersity education in its widest sense is a whole-person process, where the focus is not so much on the teaching and learning of specific skills or traiClaire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education
ning as it is on the cultivation of personal autonomy, intellectual independence and the development of life-long critical perspectives' (Sam Banks 191Challenging the Primacy of Text: the Role of the Visual in Legal Education1Clare Sandford-CouchIntroductionIt has been suggested that, ‘western thoug Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Educationning, and energetic and creative thinking (Miller and Charles 2009-2010). It is perhaps this notion of creative thinking which may be of especial interest in relation to the arguments surrounding the use of images in legal education.A 2006 research report, Facilitating Creativity in Higher Education Claire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education: the Views of National Teaching Fellows5 found that ‘Most National Teaching Fellows believe that the capacity to be creative helps people to be succeClaire_Sandford_Couch-_Challenging_the_Primacy_of_text-_The_Role_of_the_Visual_in_Legal_Education
ssful and that developing students' creativity is important. Most National Teaching Fellows see creativity as a capacity that can be developed ratherGọi ngay
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