Cross-National Comparative Study on Legal Education and Admission to Practice Between China, India and Pakistan

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Abstract

Legal profession has experienced substantial changes owing to economic needs and evolution of legal industry and market. This has multiplied the need of new breed of competent and well versed lawyers in the global legal profession. The character and calibre of the legal profession is determined by the quality and standard of law faculties and of legal education. The study intends to explore and compare the legal education and admission to practice in China, India and Pakistan. It further expounds the structure, purpose, teaching methods, pathways to admission and problems of legal education in all jurisdictions. The research contemplates on the distinctive features of legal education and its compatibility with practical aspect of legal profession in the selected countries. The study finds that China and Pakistan have a similar structure of mandatory training after graduation which India does not provide for. The study concludes that all jurisdictions must include legal practical course into their curriculum to be able to compete with the global demand.

1. Abramson, K. (2006). Paradigms in the Cultivation of China's Future Legal Elite: A Case Study of Legal Education in Western China. APLPJ, 7, 302.

2. Aggarwal, A. P. (1959). Legal Education in India. J. Legal Educ., 12, 231.

3. Ahmad, T. (2009). Legal Education in Indian Perspective.

4. Arthurs, H. (2001). The world turned upside down: are changes in political economy and legal practice transforming legal education and scholarship, or vice versa? International Journal of the Legal Profession, 8(1), 11-21.

5. Asian Development Bank (ADB). (2000). Law and Policy Reforms

6. Baskir, C. E. (2012). Crossing Borders: Creating an American Law Clinic in China.

7. Blue, R., Hoffman, R., & Berg, L.-A. (2008). Pakistan Rule of Law Assessment-Final Report. Prepared for the USAID/Pakistan by Management System International. Washington D C.

8. Braibanti, R. (1999). Cornelius of Pakistan: Catholic chief justice of a Muslim state. Islam and Christian‐Muslim Relations, 10(2), 117-157.

9. Dasgupta, L. (2010). Reforming Indian legal education: Linking research and teaching. Journal of Legal Education, 59(3), 432-449.

10. Erie, M. S. (2009). Legal Education Reform in China Through US-Inspired Transplants. Journal of Legal Education, 59(1), 60-96.

11. Faulconbridge, J. R., & Muzio, D. (2009). Legal education, globalization, and cultures of professional practice. Geo. J. Legal Ethics, 22, 1335.

12. Feineran, J. V. (1991). Economic and Legal Reform in China, 1978-1991. Problems of Communism, 40(5), 62.

13. Flood, J. (2011). Legal education in the global context: challenges from globalization, technology and changes in government regulation.

14. Gao, J. (2010). Comparison between Chinese and American Lawyers: Educated and Admitted to Practice Differently in Difference Legal System. Penn St. Int'l L. Rev., 29, 129.

15. Godwin, A., & Wu, R. W.-s. (2016). Legal Education, Practice Skills, and Pathways to Admission: A Comparative Analysis of Singapore, Hong Kong, and Australia. J. Legal Educ., 66, 212.

16. He, W. (2005). China's legal profession: the nascence and growing pains of a professionalized legal class. Colum. J. Asian L., 19, 138.

17. Holmes Jr, O. W. (1886). The Use and Meaning of Law Schools, and Their Methods of Instruction. Am. L. Rev., 20, 919, 921-922.

18. Hussain, F. (2011). The judicial system of Pakistan: Supreme Court of Pakistan.

19. Islamic International University, Islamabad. (2017). Courses offered for BA-LLB programme. Retrieved from http://www.iiu.edu.pk/wp-content/uploads/downloads/faculties/fsl/scheme/BA_LLB_2010.pdf

20. Jena, K. C. (2002). Role of bar councils and universities for promoting legal education in India. Journal of the Indian Law Institute, 44(4), 555-568.

21. Ji, W. (2005). Legal Education in China: A Great Leap Forward of. Kobe University law review, 39, 1-21.

22. Jiang, D. (2000). Judicial reform in China: New regulations for a lay assessor system. Pac. Rim L. & Pol'y J., 9, 569.

23. Keyuan, Z. (2003). Professionalising Legal Education in the People's Republic of China. Sing. J. Int'l & Comp. L., 7, 159.

24. Khan, Ahmed. Legal Education in Pakistan-A Review, retrieved from http://www.supremecourt.gov.pk/ijc/Articles/6/1.pdf (accessed on 09-08-2017)

25. Kosuri, P. (2015). Beyond Gilson: The art of business lawyering.

26. Lahore University of Management Sciences (LUMS) (2017). Courses list of BA-LLB (honors) list. Retrieved from https://sahsol.lums.edu.pk/programmes/ba-llb-honours (accessed on 10-08-2017)

27. Landsberg, B. K. (2011). Promoting social justice values and reflective legal practice in Chinese law schools. Pac. McGeorge Global Bus. & Dev. LJ, 24, 107.

28. Law Commission of India. (2002). 184th Report on The Legal Education & Professional Training and Proposals for Amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956.

29. Law of the People’s Republic of China on Lawyers, 2007

30. Lee, L. T. (1962). Chinese communist law: Its background and development. Michigan Law Review, 60(4), 439-472.

31. Legal Practitioners and Bar Councils Act, Pakistan, 1973

32. Ling, M. (2006). Clinical legal education and the reform of the higher legal education system in China. Fordham Int'l LJ, 30, 421.

33. Maleshin, D. (2016). The Crisis of Russian Legal Education in Comparative Perspective. J. Legal Educ., 66, 289.

34. Measures for the Implementation of National Judicial Examination, China, 2008

35. Minzner, C. F. (2013). The rise and fall of Chinese legal education. Fordham Int'l LJ, 36, 334.

36. Ministry of Education, Government of India, The Report of the University Education Commission, 1948, available at http://www.educationforallinindia.com/1949%20Report%20of%20the%20University%20Education%20Commission.pdf (accessed on 21-05-2017)

37. Morrison, C. (1972). Munshis and their masters: the organization of an occupational relationship in the Indian legal system. The Journal of Asian Studies, 31(2), 309-328.

38. Mukherjee, D. (2007). Law Schools and Legal Education in India.

39. Pakistan Bar Council v Federation of Pakistan, PLD 2007 SC 394

40. Phan, P. N. (2005). Clinical legal education in China: in pursuit of a culture of law and a mission of social justice. Yale Hum. Rts. & Dev. LJ, 8, 117.

41. Pinguelo, F. M. (1998). The Struggle between Legal Theory and Practice: One Law Student's Effort to Maintain the Proper Balance. BYU Educ. & LJ, 173.

42. Priest, G. L. (1988). Increasing Division between Legal Practice and Legal Education, The. Buff. L. Rev., 37, 681.

43. Quaid-e-Azam University, School of Law. (2017) Courses Offered for BA-LLB programme. Retrieved from http://law.qau.edu.pk/courses.php (accessed on 10-08-2017)

44. Rahim, Zarmeeneh. (2014). CPD and Current Challenges: Law Incubators, 2nd National Conference on CPD.

45. Ranjha, Ziaullah. (2015, October, 02), Dawn Newspaper, retrieved from https://www.dawn.com/news/1210297 (accessed on 09-08-2017)

46. Schukoske, J. E. (2009). Legal education reform in India: Dialogue among Indian law teachers.

47. Sedgwick, Robert. (2005 January) Private Universities in Pakistan, World Education News and Reviews, retrieved from http://wenr.wes.org/2005/01/wenrjanuaryfebruary-2005-pakistans-system-of-education (accessed on 10-08-2017)

48. Siddique, O. (2007). Marital Law and Lawyers: The Crisis of Legal Education in Pakistan and Key Areas of Reform. Regent J. Int'l L., 5, 95.

49. Siddique, O. (2013). Pakistan's experience with formal law: an alien justice: Cambridge university press.

50. Siddique, O. (2014). Legal Education in Pakistan: The Domination of Practitioners and the" Critically Endangered" Academic. Journal of Legal Education, 63(3), 499-511.

51. Siddique, O., & Laws, M. (2007). Lawyers: The Crisis Of Legal Education In Pakistan And Key Areas Of Reform, 5 Regent J. Paper presented at the Int'l L.

52. Stuckey, R. (2016). The American Bar Association's New Mandates for Teaching Professional Skills and Values: Impact, Human Resources, New Roles for Clinical Teachers, and Virtual Worlds. Wake Forest L. Rev., 51, 259.

53. Susskind, R. E. (2013). Tomorrow's lawyers: An introduction to your future: Oxford University Press Oxford.

54. The Advocates Act India, 1961

55. The Bar Council of India Rules 1964

56. The University Grant Commission Act of India, 1972

57. University Grant Commission. (2001). Curriculum Development Committee Law Report.

58. Varghese, J. (2010). Global Legal Education and India-A Blueprint for Raising Indian Legal Education to Global Standards.

59. Varkey, A. (1991). Learning Objectives of Legal Education in India: A Critique. Cochin University Law Review, 15, 444-454.

60. Wang, Z., Liu, S., & Li, Z. (2016). Internationalizing Chinese Legal Education in the Early Twenty-First Century. J. Legal Educ., 66, 237.

61. Warraich, A. N. (2013). The legal framework to inculcate CPD in Pakistan. Paper presented at the First national conference on CPD in law.

62. Xianyi, Z. (2001). Legal Education in China. S. Tex. L. Rev., 43, 707.

63. Zhu, S. L. (2009). An institutional inquiry into legal skills education in China. Pac. McGeorge Global Bus. & Dev. LJ, 22, 75

1. Chinese legal Education has been in a serious turmoil before Cultural Revolution, however, it resumed with the approval of national entrance examination in 1977-1978. Cross-national comparative study on legal education and admission to practice between China, India and Pakistan Journal of legal studies Volume 21 Issue 35/2018 ISSN 2457-9017; Online ISSN 2392-7054. Web: publicatii.uvvg.ro/index.php/jls. Pages 16-37 37

2. A comparative study was conducted on total credit required for undergraduate law programme between nine universities. The result reveals that a large number of compulsory courses are being offered whereas very little time is given for specialised law courses and training programmes.

3. The Constitution of India, Schedule 7, List I, Entries 63, 64 and 65, sanctions the Central Government to establish by law educational institutions, including institutions for professional training and research, of national importance: Education and legal profession falls within the concurrent List, which means State Governments can also establish universities and institutions imparting legal education and training.

4. A case was reported against the decision taken by the Central Government for abolishing the professional examination admission to the bar conducted by the Bar Council under The Advocates Act, 1961 § 49A. The Maharashtra State Bar Council unanimously passed a resolution against this decision.

5. The aim of National Law University, Delhi is to impart high quality interdisciplinary legal education with a view to produce leading professionals, scholars and academicians particularly in law and generally in other disciplines. The roadmap of the five year BA.LL.B degree programme is available at http://nludelhi.ac.in/acd-cur-ba.aspx (accessed on 01-06-2017).

6. The legal education has been varied from two to three years in the country time to time. It is worth mentioning that tremendous turnover in the legal profession has been observed since many law graduates drop out the profession within five years.

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