what is critical legal thinking?

critical
skills
• Defined as: the set of skills required to practise
criteria-based judgement including interpretation,
analysis, evaluation, inference, explanation, and
self-regulation skills
• Developed by: interactive tutorial debates,
interactive online scenarios (SBLi)
• Assessed by: final exam, online tests
WHAT IS
CRITICAL LEGAL
THINKING?
critical
knowledge
CLT is informed and skilful judgement of
legal claims, arguments, doctrines, rules
and processes according to a range of
possible criteria including consistency
with legal authority, compliance with
legal and extra-legal standards, and
equity of outcome
critical
disposition
• Defined as: the knowledge required to exercise
criteria-based judgement including knowledge
about legal reasoning; about legal and extra-legal
standards; and about law’s political origins and
social consequences
• Developed by: lecture presentations, textbook,
online resources
• Assessed by: final exam, online tests
• Defined as: the set of traits required to practise
effective criteria-based judgement including both
self-confidence and open-mindedness
• Developed by: modelling, provocation, reflective
journalling
• Assessed by: reflective essay
PROJECT TITLE
DEFINING AND ASSESSING CRITICAL LEGAL THINKING
University
The University of Queensland
Team members
Dr Nick James, Dr Clare Cappa, Dr Clair Hughes
Contact
[email protected]
Reasons for initiative
How can we develop in law students the graduate attribute of critical thinking?
Outcomes
We have constructed a definition of ‘critical legal thinking’ and used this definition in establishing the course objectives, designing the
curriculum and assessing the performance of students in the first year LLB course Law & Society
Key challenges
1.
2.
3.
What is the most effective way to teach critical skills?
Some critical knowledge – e.g. critical legal theory, feminist legal theory, Marxism – is extremely critical of doctrinal
knowledge. Is it appropriate to expose students to this knowledge in their first year of law?
How can we tell whether or not a student is ‘faking’ a critical disposition?