Chapter 8: Teaching Legal History Within the Law School Undergraduate Curriculum: A Necessity Not an Indulgence

Law does not exist in a vacuum. Yet, traditional university legal pedagogy relies on doctrinal pedagogy, dictated by the legal profession to produce future lawyers equipped with the knowledge of the law. University Law Schools are under pressure from the legal profession to teach a curriculum fit for the vocational stage of qualification and also government and consumers to ensure students are employable and equipped with the necessary skills for the workplace. This chapter argues that students cannot understand the law without the knowledge of law’s history. Without examining the roots and evolution of the law, students cannot understand the current legal position. Without legal history, the learning of law is simply the narration and application of rules. Legal history is vital to understanding and practising law, and the author will argue that it should form part of every law module. It is a necessity for an all-rounded legal education and should therefore be compulsory. By not teaching legal history, we fail our students. Students need to understand the origins of the law, its social and economic context as well as the culture in which it has developed. The past has shaped the law, legal thought and the development of legal systems. By examining the historical evolution of legal principles, institutions and the sociopolitical factors influencing them, law students can gain a more profound and comprehensive understanding of the law. It enables the challenge of established thought. This, in turn, equips them to be more prepared for the workplace as well as being effective and ethically responsible lawyers.