The practical knowledge conundrum: What practical knowledge should be included in a law school curriculum and how can it be taught?

Abstract

Michael Oakeshott theorised that mastery of any area of human endeavour requires both technical and practical knowledge, and the practice of law is no different. However, the development of practical knowledge in law school is ripe with difficulty. As practical knowledge is developed through experience and practice, traditional teaching methodologies are often poorly equipped to assist law students to develop this knowledge. In addition, legal curricula are already crammed with a wide variety of technical subject-matter, leaving limited space and time for additional learning, and there is no consensus about what practical knowledge lawyers need, or should be prioritised for development by law schools. In this article the authors offer a concrete contribution to these problems. They consider how law schools and academics might approach the question of what practical knowledge to include in a curriculum, and how practical knowledge can be incorporated into a situational learning methodology. This discussion is illustrated by reference to group work and advocacy skills modules implemented in a situational learning environment at Adelaide Law School.