Distance Legal Education - A Concept Paper [2005] MLJ 6; 2005-06 [2005-06] MLJ 96 (1 January 2005)

	Home \| Databases \| WorldLII \| Search \| Feedback Melanesian Law Journal

This Paper on distance legal education was written in response to the University's Strategic Plan 2008-2017. It deals with only one program of the Law School which falls within the responsibility of the 'Open & Distance Learning Committee & Law Publication' which I chair. There is less said about the Law Publication Unit for which there is no necessary connection to distance legal education. It is argued in the final part of the Paper, however, that for organizational and administrative purposes there are advantages in combining the two activities of the Law School to form a (third) "core business" (Strand).

The distance mode of education through the Open College permeates the University's development plan. This paper (1) gives a brief overview of reforms in the Law School; (2) suggests a path for the Law School to follow in order to deliver its on-campus programs "in the near future"^[1] through the distance mode; (3) raises some critical issues on legal education that would arise from the implementation of the proposal; and (4) revises the operational framework of the Core Business of the School in the light of these proposals.

If the proposal on delivery of off campus programs via the distance mode is to be realized in the "near future," there is some urgency to put in place a qualified 'team' to execute it, and identify the supporting resources. These are discussed in the concluding paragraph.

The Law School grew out of the Faculty of Law which was established in 1967. It has been the subject of various reform measures, notably in the seventies and nineties. Whilst the earlier changes were driven by the adoption of a new philosophy on legal education in PNG following the Weston/ Director of the LTI debate^[2], those of the nineties addressed, inter alia, the LL.B program in the context of implementing a new approach of accommodating the vocational and liberal demands on legal education.

The review of course contents has been undertaken from time to time to avoid over lapping and to achieve the rationalization of courses. The Woodman Report[3] commended the School on its record of periodic reviews. That record has since been blemished though it might be argued that the high turnover of staff since 2000 has impacted negatively on the periodical examination of the courses and their contents.

An in-depth examination of the structural program of the School was undertaken in the seventies following the adoption by the University of the 'Report of the Working Party on the Future of the University' (the Gris Committee Report). The main recommendations on restructuring programs were concerned with the modular process involving two self-contained modules separated by a period of practical work experience. Though the recommendations were not fully implemented, the proposal on the lock step process was adopted by the School and incorporated into the four-year degree programme.

In the nineties, a Survey of needs of stakeholders for paralegal workers, and preferences of the practicing Bar for courses for the proposed continuing legal education program, was undertaken and the responses were analysed. That project, however, seems to have been abandoned.

The objective of the Strategic Plan, 2008-2017 is for Schools to develop a five-year operational plan to achieve the development of the university in the light of the Vision and Mission statements that are set out in the document. There is nothing new in the University's vision and mission, what is new is the articulation of values and the expression of new pathways to achieve them.

The operational framework is set out very clearly as being sustainable development and continuous improvement. The guidelines to the pathway are stated to be inter alia, the development of 'demand-driven courses and programs for the country as endorsed by the Governing Council', the implementation of 'the nation's support agenda including new national policies and strategic planning frameworks', and finally, the 'awareness of regional support agenda emerging from outcomes of recent and ongoing international affairs'.

Planning for distance legal education commenced seriously in the Law School upon the appointment of a Professor of Law with the responsibility, inter alia, of overseeing the Law School's commitment to contribute to the Open College's programs. The process was, however, not formalized until the establishment of the 'Open & Distance Learning Committee' of the School of Law in 2008. This was followed by commitments of members of staff to write courses for year 1, 1st and 2nd semesters of the LL.B program, for the purpose of offering them via the distance mode. The nagging question was the aim and scope of external studies in law.

"to assist the University in its effort to offer university programs to the wider community, "given that there is a large body of potential students who cannot make it to the university due to the application of strict selection criteria and limited space available in each (law school) program."

"that by externalizing all the first year law courses, at least students who cannot study internally can enroll and complete their LLB 1 studies externally before applying for full time LLB 2 studies internally."

With the completion of writing the first year units and upon planning the launching of the program, the Committee reviewed the role which legal education can play in realizing the commitment of the university to deliver most of its on-campus programs through the distance mode, in the near future. It is in response to this important question that these proposals adopt the recommendations of the Gris Report for a modular approach to University education. These proposals, however, need to be examined in the context of-

i. the need for an effective and quality legal education in Papua New Guinea, and, in particular, "the Guiding values" stipulated in the 2009 Operational Plan, and

(3) Effective and quality legal education via the distance mode: Questions and Answers.

The first question that comes to mind is that of quality control. The standard and quality of the Distance Program would be determined to a large extent on its aim. There is a dilemma, for if the aim is to achieve the Constitutional goal of "equality and participation" and the rejection of an "elitist legal education" the product must necessarily be substandard. Consequently, the commitment of the University to substitute on-campus programs by 'distance mode' might, with reference to legal education, be considered ill conceived and dangerous to the body politic.

This is a matter for Open College and the School to resolve as early as possible for the answer determines:

the Standard of the Study Guide (text) and the Resource Book (cases & materials); for if the objective is to cater for those who cannot meet the "strict selection criteria and available space in each (law school) program," or to provide legal education for the "villager in the bush", a common cliché, the course writer is restricted to simplicity and the program to restrictive (simple) and limited skills. For example, the most important skill that a sound legal education provides, is that of research, not only of the local system but those of the major common law countries. Access to a comprehensive law library can only be replaced by suitable on-line resources. Without these, legal education for the practice of law (which to a large extent defines the nature and quality of the legal system) becomes a chameleon.

Complaints of the kind that follows, which reflect on the quality of the practicing Bar, by no means too rare, must be embarrassing to the Law School:

"Counsel neither advanced argument nor relied upon authority which could assist this Court in its interpretation. The issue is important. We have had to research the matter. This is not the primary function of a court. Assistance from the Bar table is essential to the proper administration of the law." Supreme Court in John Peng v The State [1982] PNGLR 331.

1. Whether the School should maintain parallel programs, distance (substandard) and on- campus (international standard), thus providing two law qualifications for entry into the profession.

My recollection of the School's response to the Report was that it was a positive one. This was followed by proposing two modules for legal education i.e. the diploma and the degree. In the context of the history of the Law School, examining its present development and the Vision expressed by the University, it is proposed to rewrite one of the core businesses of the School as that of "providing a comprehensive legal education via the external mode in order to satisfy multiple national interests". For administrative purposes the School will comprise its present strands and the creation of a new unit charged with the responsibility of developing and administering multiple diploma programs. These are the 2 year "Diploma in Law" (Legal), which provides the first module to the LLB degree track, the Diploma in Law (Prosecutions) and a 2 year Diploma in Law (Land Studies).

There would be a common year 1 for all diploma programs offered by the School, including the Diploma in Law (Prosecutions). All three programs are intended to be self-contained, though Land Studies and Prosecutions are terminal. The Diploma in Law (Legal), successfully completed with a prescribed GPA, will be a prerequisite for entry into the on- campus run LLB module (comprising years 3 & 4). Those diplomates in the other programs with excellent GPAs could be considered for admission.

The advantages of this structure is to cater for the diverse career interests of students and needs of employers:

These proposals address only one aspect of the formal activities (core business) of the School. The totality of the School's business was stated as 'producing high-level trained professionals, conduct research and providing advisory services to stakeholders.' The teaching programs are allocated between Strands/Units: 'The Law Strand' has the responsibility to organize and teach substantive law courses; 'the Law Clinical Program strand'(LCP) has responsibility for clinical programs (diploma of prosecutions; LEAP; Mooting) and for teaching, developing and administering procedural and applied legal courses. The proposed (new) Unit concerned essentially with legal education by distance mode, could, in collaboration with the National Research Institute, work towards the development and implementing a Diploma program in Land Studies. This program is intended to accommodation the "requirements under the National Land Development Program (NLDP)".

The Law Publication unit existed as a semi autonomous unit within the School with its main responsibility to publish the Papua New Guinea Law Report and Melanesian Law Journal, and financed largely from a 1992 grant from the 'Law Reporting Council of PNG'. It has in the past also assumed some responsibility for publishing monographs on PNG law and periodical Conference Papers. Its output and focus declined in the recent past, and its finances dried up. With the recent injection of funds by the Law Reporting Council (2009), and the attachment of conditions to the grant, aimed at the sustainability of the Law Reports, the viability of law publication is once more assured.

It is time to recognize law publication as a core business of the School, though not sitting on its own but linked with the external studies unit for administrative and organizational purposes. Their staff members share common skills.

One needs to address the resources including the personnel required for the success of the unit: -

New activities of the Unit in the immediate future are, writing the 2nd year courses, grading essays, and setting and marking exams, responding to students' questions either via email or the phone. Within the planned period, to develop online resources for distance legal education: to list a few, the online library which provides access to key legal database, student to student network, online research exercises, and the Laws VLE (Virtual Learning Environment).

The School needs to advertise immediately for a Professor, who in addition to his expertise in teaching and research, has an interest in strategic planning and able to take key initiatives on the External diplomas programs and Law Reporting. There is need for two supporting staff, with teaching and research skills, but in particular, with strong legal writing skills and editorial experience and a demonstrated interest in Law Reporting and a capacity to develop On-line legal resources.

Semester One	Semester Two

Law Study Skills & Library Research	Contract Law 1
Introduction to Law	Customary Law
Constitutional Law	Principles of Equity & Trust
Communication & Life Skills	Ethics & Civics

Year Two

Semester One	Semester Two

Criminal Law	Law of Torts 2
Law of Torts 1	Land Admin & Policy Law
Contract 2	Commercial Law
Land Tenure	Family Law

Semester One	Semester Two

Law Study Skills & Library Research	Contract Law 1
Introduction to Law	Customary Law
Constitutional Law	Principles of Equity & Trust
Communication & Life Skills	Ethics & Civics

Year Two

Semester One	Semester Two

Criminal Law	Torrens System of Land Registration
Law of Torts 1	Land Admin & Policy
Contract 2	Land Disputes Settlement
Land Tenure Law	Option

Semester One	Semester Two

Law Study Skills & Library Research	Contract Law 1
Introduction to Law	Customary Law
Constitutional Law	Principles of Equity & Trust
Communication & Life Skills	Ethics & Civics

Year Two

Semester One	Semester Two

Criminal Law	Trial Practice & Criminal Procedures
Law of Evidence	Practice & Procedure in Trans-National Crime Prosecutions
Criminology & Penology	Crime & Criminal Justice System
International Law	Option

^[2] Legal Education in UPNG- Some recent Developments (1992) MLJ 125. This conflict is reminiscent of Twining’s masterpiece entitled “Pericles and the Plumber” and the Harvard and Yale Law Schools debate on “Legal Education and Public Policy”.