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Blackstone’s Tower in Context
Get PDFThis article contextualizes the contribution of Blackstone’s Tower within the discipline of law, arguing that its publication was both significant and radical at a time when research into legal education was much less well-developed within the legal academy than it is today. Twining’s approach, acting as a ‘tour guide’, was also important in a period when the ‘private life’ of the English university law school was virtually unexamined. This article also highlights the ways in which the other contributions to this special edition demonstrate the continuities and changes that have occurred within legal education since Blackstone’s Tower was published.
Keywords: legal education. law schools; legal scholarship; legal research; William Twining
Admission of electronic evidence: Contradictions in the Kenyan Evidence Act
Get PDFIn its provision for the admissibility of electronic evidence, the Kenyan Evidence Act includes two apparently conflicting provisions. Under section 106B, the Evidence Act prescribes conditions for admissibility, and uses the concept of a certificate as a means of proof of authenticity. On the other hand, under section 78A, electronic evidence is admissible, with no mention of the use of a certificate. There has been conflicting jurisprudence as a result. This paper proposes that section 106B ought to be repealed to give way to the section 78A presumption of admissibility due to numerous issues associated with the certificate.
Index words: Kenya; Evidence Act; conditions for admissibility; electronic evidence; conflicting jurisprudence; Commonwealth Model Law on Electronic Evidenc
Case Transcript - Bates v Post Office Limited, TLQ 17 4055 Day 12 11 April 2019
No full textCase Transcript - Bates v Post Office Limited, TLQ 17 4055
Day 12 11 April 2019
England & Wales; theft; electronic evidence; Post Office Horizon System; ‘reliability’ of computer
Case Transcript - Bates v Post Office Limited, TLQ 17 4055 Day 17 7 June 2019
No full textCase Transcript - Bates v Post Office Limited, TLQ 17 4055
Day 17 7 June 2019
England & Wales; theft; electronic evidence; Post Office Horizon System; ‘reliability’ of computer
Mediation: Alternative? Or a First Choice for Resolving Disputes
Get PDFThis article examines the place of mediation both internally and externally to the civil justice system. The growth of alternative dispute resolution (ADR) and the culture of settlement within formal justice has somewhat absorbed mediation as a process by which to resolve disputes at the door of the court. Yet, it can be argued that its origins lie within the community setting where social norms have a distinct role to play and where collective as well as individual interests have a significant impact. This paper considers the application of mediation in a much wider sense than simply as a tool for settlement. It explores the concept of mediation as an educative process that supports the generation and advocation of social norms. Mediation can be understood as a form of self-regulation which relies on perceptions of fairness, justice and trust. In so doing, it can be argued that it provides a means of informal justice amounting to dispute prevention as far as its relationship to the justice system is concerned. Viewed in this way, mediation provides a genuine first choice as a means to address and resolve conflict rather than an alternative method by which to settle disputes.
Keywords: mediation; dispute resolution; dispute prevention; community norms; formal justice; informal justice; process pluralism; alternative; first choice
Online Dispute Resolution Simulation: Shaping the Curriculum for Digital Lawyering
Get PDFOnline dispute resolution (ODR) simulation workshops are designed to provide students with a virtual learning environment that empowers our students to gain legal and digital skills for their readiness in future employment. Students are invited to act as complainants, opponents and arbitrators/mediators to resolve a real-life case in a team-based, student-centred and research-informed teaching and learning environment. The ODR simulation workshops have been conducted by the author among both undergraduate and postgraduate law students since 2007 at Brunel University and other places. This ongoing project was initially funded by the Nominet Trust in 2010. Throughout these years, ODR simulation workshops have been well-received by students from different cultures, particularly where English is not their first language. Students were asked to conduct online arbitration or mediation hearings and submit arbitral awards and mediation settlements, as well as delivering technical observation notes and group presentations after the process. This article promotes the use of ODR simulation to effectively enhance students’ learning experience, legal skills (i.e. critical thinking, legal reasoning, problem-solving skills) and digital skills. It puts ODR simulation into the context of the shift in teaching approaches in the digital age and explains how modern legal education can be shaped to prepare for digital lawyering.
Keywords: online dispute resolution; online arbitration; digital literacy; digital empowerment; artificial intelligence; digital lawyering; flexible learning; team-based learning; student-centred learning, research-informed teaching
Miscarriages of Justice and the Construction of Criminality in the People’s Republic of China
Get PDFAnother high-profile miscarriage of justice was reported recently by the media in China, highlighting widespread issues concerning torture and other police malpractices within the Chinese criminal justice system. Drawing from analysis in my book on the Construction of Guilt in China, this Note outlines the key drawbacks of the Chinese criminal process which contribute to wrongful convictions, namely that none of the legal institutions exhibits the autonomy to check the credibility of the evidence impartially. Alongside the problems caused by miscarriages of justice, they are also indicative of the symptoms of a weak criminal justice system, thereby opening up opportunities for future reforms.
Keywords: miscarriages of justice; China; criminal justice; case construction