Interview Prof. Sven van Kerckhoven, Vice-Dean for Education of the Institute for European Studies of Brussels
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The Impact Lawyers publishes a series of interviews with deans of the world's leading law schools. On this occasion, Prof. Sven van Kerckhoven, Vice-Dean for Education of the Institute for European Studies of Brussels answers the questions in this interview
1. What are the main differences between the teaching methods used in law studies at the leading universities in the world that you know of?
Several law schools rely heavily on ex cathedra lecturing whereas others try to focus more substantially on developing the skills to be a lawyer. Our programmes (BA in International and European Law and LL.M in European and International Law) both aim to blend this two approaches. Exposing students to legal theories but with a strong focus on the skills a legal expert should have. Consequently, all our programmes incorporate practical elements, both in the teaching as well as in the assignments. We are also moving forward with technology-enhanced learning, allowing students more time and flexibility to master the content of the courses.
2. In view of the ongoing legal transformation, do you think that different subjects should be taught, such as management, business management or technological skills?
In the current times, just being a legal expert no longer is enough. The variety of challenges and legal questions arising out of the multitude of crises we are facing, requires a broad view on the legal education. Programmes should allow students to develop insights in fields that are closely intertwined with their field of legal enquiry. Thus, it is greatly beneficial for legal students to have an open mind and learn from fields adjacent to their preferred study fields, or even those that are further away. A more encompassing and informed view can only create better legal experts in the future. Both at the BA as well as in the LL.M our students have room for exploring related study fields, at the BA level more broadly, and at the LL.M level more specialized.
3. In your opinion, is it advisable for law students to specialise in a specific area of law while still at university or, on the contrary, do you think that specialisation is a process that should be followed after graduating?
Legal experts should be able to have a broad critical understanding of the variety of issues our world faces. Programmes should hence aim to develop this skill, ideally in the first phase of education. Post-graduate training can then build upon this to allow students to become experts in certain topical field. This will then allow them to kickstart their careers in more specialized positions. Thus, specializations should be offered in universities, which can then be further developed after graduating.
4. Do you think it is advisable for practising lawyers to form part of the teaching staff at universities, or do you think it is better for university lecturers to devote themselves exclusively to training?
Preferably a mixture of both. Academics bring in a wealth of theoretical and topical insights to students, but might be a bit more distant from the legal practice. Practitioners can complement this, by allowing students to learn more about the day-to-day business of a legal expert. We actively look for this combination in all of our programmes where academics, senior policy-makers and practicing lawyers all contribute to the learning path of our students, ensuring that these students are well-informed of the different options career wise upon graduating.
5. On average, how long does it take for a recent law graduate to find a job in your country?
This depends a bit on the specific field of law study. However, in general our law students find a job very quickly upon graduating. As we are based in Brussels, the Capital of Europe, ample demand for legal experts in the close by surroundings exist.
6. In your opinion, which legal systems are more effective, those based on "Common Law" or those based on the influence of “Civil Law”?
That is a question that is difficult to answer. If we talk about efficiency in an ‘economical’ sense, one could argue that civil law could provide for swifter resolution as codified statues dominate. Common law systems initially have more room to manoeuvre, but this gap is closed down once more judicial opinions are generated. Effectiveness in the sense of reaching the ambition to ensure functioning of our societies, is more difficult to assess.
7. What sanctions are imposed on students caught cheating at your university?
Students are informed of their wrongdoings, are then allowed to defend their case, after which a penalty can be imposed. This can range from a warning to dismissal depending on the case.
8. Finally, how would you define the principle of equity?
Equity is a specific body of law that was developed in England, existing in both law traditions, and allowed common law systems to refer to a set of rules that apply for cases falling outside of the remit of existing legal agreements. Equity is based on a judicial assessment of fairness and what is right under natural law.
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