What is it about?
In this article, I examine some hurdles typically encountered by law students in developing critical thinking skills, such as reticence to question the authority of judicial opinions and lack of normative frameworks to assess laws and judicial decisions. I argue that critical thinking requires ‘healthy disrespect for authority’ and ‘normative engagement’ with laws and judicial decisions, and offer some techniques for developing skills of critical analysis and opinion.
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Why is it important?
Law students and graduates in legal practice tend to accept laws and judicial decisions at face value. However, to apply the relevant principles to new and unforeseen fact scenarios requires the ability to critically analyse the principles, and to identify 'soft spots' in judicial reasoning, that could affect the outcome.
Perspectives
Enhanced ability to critically analyse what the 'is' should help law students and law graduates contribute to important public policy debate about what the law 'should be'.
Dr George Raitt
Monash University
Read the Original
This page is a summary of: Can they do that? Critical thinking when your wagon train is surrounded, Alternative Law Journal, November 2018, SAGE Publications,
DOI: 10.1177/1037969x18798910.
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