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International Conference in Berlin – New Paths to Reform in Legal Studies?

Bonn/Berlin, 26 March 2010 – New perspectives on the implementation of the reform process in the area of legal studies was the theme of a conference in mid March in Berlin, hosted by the German Rectors’ Conference (HRK), the Stifterverband für die Deutsche Wissenschaft and the German Academic Exchange Service (DAAD). Good approaches and exemplary models from European countries that could indicate a possible path to reform provided the basis for discussion among the approximately 200 participants of the two-day conference “New Perspectives of Legal Education in Europe”. Students along with political, business and academic experts from across Europe discuss the current situation of the reform process and presented European and international good practice examples in a series of workshops and keynote speeches.
“Eighty percent of all degree programmes in Germany have already been converted to the tiered study structure. However, the reform process has not yet arrived in the area of legal education“, said Brigitte Goebbels, Vice Secretary-General of the HRK at the opening of the conference. Furthermore according to her, “Germany is thus in the minority in Europe; most countries have already converted law degree programmes to the tiered study structure”. She warned, though, that the special circumstances of legal studies should not be overlooked in the course of the reform debate. She underlined that the Bologna Process does indeed pose limits, but also offers potential for legal studies: “This is not about harmonisation, but rather more flexibility. There can be no doubt that a number of aspects of the Bologna Process, particularly the focus on learning outcomes and the student-centred orientation, can and must be adopted”.

What do instructors and students expect from the study of law? This question was addressed by the first panel, a circle of experts from students and as well as instructors of various European universities. “The traditional discipline must open up”, said Professor Laurence Gormley from the University of Groningen in the Netherlands. “We should view our respective national paths internationally, more globally, and deal with the issue of converting our degree programmes.” To do so, however, we need to also understand the various systems and consider the historical background of the discipline, explained Frederic Meier, student of the Hanse Law School. That legal education in Europe (and of course beyond) is highly heterogeneous was illustrated by Professor Heribert Hirte of the University of Hamburg in his speech. While access to studying law, for example in continental European tradition, involves relative few hurdles, there are very high entrance requirements in so-called “Common Law” countries (above Great Britain and the United States). Professor Hirte came to the conclusion in his speech that legal studies can not be reformed without including an adjustment at the same time of regulated professions such as those of lawyers.

From the employer perspective, political and business experts exchanged viewpoints in a further round of discussion on possible advantages and disadvantages of the study reform. They regretted that legal studies, organised as such in Germany, is too long. “I don’t think that the quality of studies would be hurt by a conversion to the tiered study programmes”, argued Dr. Daniel Petitpierre from the Swiss Corporate Counsel.
Following that, the participants divided into several working groups to discuss a range of questions on, for example, teaching or exams in legal studies or practical relevance as part of the curricula.
At the beginning of the two-day conference, Professor Richard J. Wilson from Washington University spoke on differences and similarities in legal studies between Europe and the USA. In the USA, students first have to complete a four-year Bachelor degree programme, for instance in political science or economics, before they can enter law school. The study of law itself lasts then another three to four years. While students are educated to become generalists in Europe, legal studies in the USA are highly specialised on account of the large number of elective courses. That legal education needs to transform and already in the course of doing so was the overarching conclusion by Professor Wilson in his lecture.

“Bologna is the key to an overdue reform of legal education!“
Pros and contras of this hypothesis were the centre of a lively debate between two teams of instructors and students at the closing of the event. Along the way, it became particularly clear that the study and discipline of law are anything but static. Bologna poses, not a threat, but rather a part of a dynamic process, whose potential needs to be used.