Abstract:
This paper considers the extent to which strategic deception – or ‘faking it’ – is commonplace in the practices of law students when undertaking research. It considers the uneasy power balance within the student-teacher relationship in the undergraduate law degree at York Law School as exemplified by a recent study of law students’ ‘research magpie’ approach to knowledge sourcing (Meers et al, 2020). Building on this evidential base, it considers the utility in developing the term ‘unofficial knowledge’ (a theoretical extension of ‘official knowledge’ (Apple, 1993; Bernstein, 2000)) to describe the open access resources on the internet that are used by students when undertaking research in legal education.
This paper considers the extent to which strategic deception – or ‘faking it’ – is commonplace in the practices of law students when undertaking research. It considers the uneasy power balance within the student-teacher relationship in the undergraduate law degree at York Law School as exemplified by a recent study of law students’ ‘research magpie’ approach to knowledge sourcing (Meers et al, 2020). Building on this evidential base, it considers the utility in developing the term ‘unofficial knowledge’ (a theoretical extension of ‘official knowledge’ (Apple, 1993; Bernstein, 2000)) to describe the open access resources on the internet that are used by students when undertaking research in legal education.
There are (at least) two areas that are currently
under-researched in this area and, following an explanation of the Meers et al
study and its ramifications, this paper invites discussion on these points:
- The power bases behind
the open access sources used by students need to be investigated. For example,
what is the influence of algorithms on the prioritisation of resources? To what
extent do filters create ‘echo chambers’ of knowledge? What impact does this
have on what is counted as knowledge? - The theoretical
under-pining of the term ‘unofficial knowledge’ requires development. There is
scope for this to build upon Weber’s (1954) concept of ‘charismatic authority’.
Is there any utility in joining these two ideas together? Does the term
‘unofficial knowledge’ have any resonance beyond the discipline of law?
Selected Bibliography:
Apple, M. (1993). Official Knowledge: Democratic Education in a Conservative Age. Oxon: Routledge.
Bernstein, B. (2000). Pedagogy, Symbolic Control and Identity: Theory, Research, Critique Revised Edition. Oxon: Routledge.
Meers, J., Gibbons, J., & Laws, W. (2020). Research magpies: student sourcing behaviours on an undergraduate law degree. Teaching in Higher Education DOI: 10.1080/13562517.2020.1725460
Weber, M. (1954). On Law in Economy and Society. Harvard University Press
Speaker:
Dr Jenny Gibbons, Deputy Head of York Law School, University of York
Dr Jenny Gibbons is the Deputy Head of York Law School in the UK. In addition to her teaching commitments, she is part of the design team for the innovative LLB programme that incorporates problem-based learning and reflective practice throughout the curriculum. She has research interests in assessment in higher education and the future of legal education, and has published articles in journals including Teaching in Higher Education and the International Journal of the Legal Profession.Deputy Head of York Law School