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01 April 2022
Issue: 7973 / Categories: Features , Profession
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Literature in the legal classroom

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Mark Pawlowski considers the use of literature in the law school curriculum

Perhaps not unexpectedly, different law teachers have different ideas about what ‘law and literature’ means in the context of a legal curriculum. Broadly speaking, law and literature classes fall into three categories: law in literature, which considers the fictional representation of lawyers and the law; law as literature, which looks at judgments and statutes as literary works; and legal imagination, which looks predominantly at language and style. Inevitably, a course on legal literature will utilise elements from all three schools of thought, while concentrating on perhaps the most accessible: law in literature.

Increasingly, academics complain about the difficulty that students have with independent study. Law teachers are now proficient at PowerPoint and appreciate the importance of detailed lecture handouts; we feed our students digestible bites of law as if they were baby birds, rather than encouraging them to flap their own intellectual wings. One of the joys (and worries) of running a legal literature course is that, with this subject,

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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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