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The Arts and the Legal Academy: Beyond Text in Legal Education PDF

248 Pages·2012·2.35 MB·English
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The Arts and the Legal Academy Beyond Text in Legal Education Edited by Zenon Bańkowski, Maksymilian Del Mar and Paul Maharg The ArTs And The LegAL AcAdemy emerging Legal education Series Editors: Paul maharg, University of Northumbria, Newcastle upon Tyne, UK, caroline maughan, University of the West of England, Bristol, UK and elizabeth mertz, University of Wisconsin-Madison/American Bar Foundation, USA emerging Legal education is a forum for analysing the discourse of legal education and creating innovative ways of learning the law. The series focuses on research, theory and practice within legal education, drawing attention to historical, interdisciplinary and international characteristics, and is based upon imaginative and sophisticated educational thinking. The series takes a broad view of theory and practice. series books are written for an international audience and are sensitive to the diversity of contexts in which law is taught, learned and practised. Other titles in this series: Law and Leadership Integrating Leadership studies into the Law school curriculum Edited by Paula Monopoli and Susan McCarty The moral Imagination and the Legal Life Beyond Text in Legal education Edited by Zenon Bańkowski and Maksymilian Del Mar Affect and Legal education emotion in Learning and Teaching the Law Edited by Paul Maharg and Caroline Maughan The Arts and the Legal Academy Beyond Text in Legal education Edited by Zenon BAŃkowskI University of Edinburgh, UK mAksymILIAn deL mAr Queen Mary, University of London, UK PAuL mAhArg Northumbria University, UK © Zenon Bańkowski, Maksymilian Del Mar and Paul Maharg 2013 All rights reserved. no part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. Zenon Bańkowski, Maksymilian Del Mar and Paul Maharg have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work. Published by Ashgate Publishing Limited Ashgate Publishing company Wey Court East 110 Cherry Street Union Road Suite 3-1 Farnham Burlington, VT 05401-3818 Surrey, GU9 7PT USA england www.ashgate.com British Library Cataloguing in Publication Data The arts and the legal academy : beyond text in legal education. -- (Emerging legal education) 1. Law--Study and teaching--Methodology. 2. Arts in education. I. Series II. Bańkowski, Zenon. III. Del Mar, Maksymilian, 1979- IV. Maharg, Paul. 340'.0711-dc23 Library of Congress Cataloging-in-Publication Data The arts and the legal academy : beyond text in legal education. Vol. 1 / by Zenon Bańkowski, maksymilian del mar and Paul maharg. p. cm. -- (Emerging legal education) complements the book “The moral imagination and the legal life” by the same editorial team. Includes bibliographical references and index. ISBN 978-1-4094-2911-1 (hardback) -- ISBN 978-1-4094-2912-8 (ebook) 1. Law--Study and teaching--Philosophy. 2. Art in education--Philosophy. 3. Law--Study and teaching- -Methodology. 4. Law and aesthetics. I. Bańkowski, Zenon. II. Del Mar, Maksymilian, 1979- III. Maharg, Paul. IV. Moral imagination and the legal life. K100.A88 2012 340.071--dc23 2012027614 ISBN 9781409429111 (hbk) ISBN 9781409429128 (ebk – PDF) ISBN 9781472404466 (ebk – ePUB) III Printed and bound in great Britain by the mPg Books group, uk. Contents List of Figures vii List of Tables ix List of Contributors xi Introduction 1 Zenon Bańkowski, Maksymilian Del Mar and Paul Maharg Part I: General and InterdIscIPlInary PersPectIves 1 Connectionism, Moral Cognition and Collaborative Problem Solving 17 Andy Clark 2 Losing the Plot: Moving Beyond Text in Educational Practice 37 Anne Pirrie and James Benedict Brown 3 Physical Literacy in Legal Education: Understanding Physical Bodily Experiences in the Dance Environment to Inform Thinking Processes within Legal Education 51 Sophia Lycouris and Wendy Timmons Part II: the arts and law schools 4 Playing Games with Law 69 Suzanne Bouclin, Gillian Calder and Sharon Cowan 5 From Interpretive Imagination to Contingency in Law: An Argument for Moving Beyond Text 87 Elaine Webster 6 Analysis and the Arts 101 Nancy B. Rapoport vi The Arts and the Legal Academy 7 Mapping the Lawscape: Spatial Law and the Body 119 Andreas Philippopoulos-Mihalopoulos 8 The Moving Experience of Legal Education 135 Gary Watt 9 The Battle of the Precedents: Reforming Legal Education in Mexico Using Computer-Assisted Visualization 149 Panagia Voyatzis and Burkhard Schafer Part III: the arts and leGal ProfessIonals 10 Is ‘Beyond Text’ Now Within Reach? Making a Case for Infusing the Arts into the Law Firm Experience 169 Valerie Fitch 11 Were You with Me? Creativity, Dialogue and Self-Expression in Legal Process Narratives 175 Miriam Aziz 12 ‘You Are Here’: Learning Law, Practice and Professionalism in the Academy 189 Karen Barton, John Garvey and Paul Maharg 13 Beyond the Text: Critique and Creativity 213 Bruce Anderson and Kim Morgan Index 225 List of Figures 9.1 A typical HYPO reasoning diagram 157 9.2 Explanation of ‘attack in oblique order’, from the Art of Battle website 160 9.3 Carney v. US 161 9.4 A hypothetical attacking a precedent 162 9.5 A precedent getting isolated and destroyed (restrictively distinguished) 163 12.1 Generic dashboard 201 12.2 NED, Pursuer’s sim 202 12.3 Early map overview of Ardcalloch 203 12.4 Zoomable map of Ardcalloch, overview, showing town centre by default Note the street photographs at the bottom-left 204 12.5 Latest iteration of Ardcalloch map 205 13.1 The Acts of Nova Scotia 2009–2010 215 13.2 The Crest of the Nova Scotia Supreme Court, 2009 216 13.3 The Brochure 217 This page has been left blank intentionally List of Tables 12.1 Costs of SC training and use 195 12.2 Costs of setting up and running a simulation in SIMPLE 196

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In Western culture, law is dominated by textual representation. Lawyers, academics and law students live and work in a textual world where the written word is law and law is interpreted largely within written and printed discourse. Is it possible, however, to understand and learn law differently? Co
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