UNIVERSITY OF NEW SOUTH WALES FACULTY OF LAW 25TH ANNIVERSARY DINNER - SYDNEY The Hon Sir Gerard Brennan, AC KBE Chief Justice of Australia 18 July 1996 One of the pleasures of judicial life is the friendship and respect that a judge may enjoy with his or her judicial siblings whilst both the sibling and the judge are entirely free to agree or disagree with each other's judgments. I was therefore delighted when my former Chief, and your present Chancellor, after failing on some notable occasions to perceive the depth of scholarship, the irrefragable logic and the profound wisdom of my judgment, let me know that I was nevertheless to be invited to address this celebration of the University of New South Wales Law School. There is much to celebrate, and some challenges to ponder. Twenty five years ago, when Professor Wootten, the Foundation Dean, wrote his welcome to the first students, he set out the credo of the new Faculty. The Law School staff, he wrote, shared the belief -
In that year, 227 students were enrolled. In June of this year, the undergraduate enrolment was 1519, the third largest in the Commonwealth after Monash and Queensland University of Technology. Class sizes have been a problem but Dean Redmond notes the Law School's "insistence on active learning" and, to that end, its endeavour to keep classes to a small size. He records that "special tutors are appointed to assist indigenous students and students whose first language is not English." The method of teaching and the facilities available to students have maintained a high pedagogical level: research has been encouraged and the concurrent functions of teaching and research have no doubt enhanced each other. Research informing the teaching, undergraduate questioning and analysis provoking more profound examination of principle. Contact with other disciplines has been encouraged, so that the Law School has been integrated in the wider community of learning. Thus it has contributed to the fulfilment of one of the leading objects of the University "to provide a learning environment in which students acquire, develop and deploy skills of rational thought and critical analysis". The curriculum described in the current handbook left me regretfully envious of those who might profit from it. The law course upon which I entered half a century ago was not nearly so comprehensive. And there were some less fortunate than I. There was, for example, the young depositions clerk in the Magistrate's Court who decided to obtain legal qualifications to fast track his prospects in the Justice Department. He was studying Snell's "Equity" when the then Chief Stipendiary Magistrate offered some advice based on his experience of the "equity and good conscience" jurisdiction in the Small Claims Court: "Don't bother about equity, boy," said his Worship, "it applies only in cases below ten pounds". Two main conceptions of the role of a law school have vied for dominance in recent times. The first is that of a professional training institution; the second is that of an academic institution devoted to learning about law as a phenomenon and general legal principles. Although there is a tension between the two conceptions, heightened by any shortage in resources, the preferred model seems to be a combination of the two. Hence the Law School has insisted upon a substantial group of core subjects in which the general modes of legal reasoning might be acquired and has offered both specialist electives and practical training which keep the students attuned to the practical operation of the law. The Law School has set standards in legal education that others have followed. To the Pearce Committee in 1987, the Law School was a model of "what was possible in legal education". In 1991 the Independent Monthly stated:
A report by Christopher Roper on the Career Intentions of Australian Law Students contains much food for thought. DEET published a brief summary of the highlights in the report that sets out in priority the reasons why students study law:
There are no doubt economic and structural reasons for what Prof. Goldsmith calls the "progressive loss of idealism among law students", but the question must be asked whether that loss of idealism can be turned around. The Law School is a place and a time in which attitudes and ambitions are formed; it is an institution in which values that underlie the important principles of law can be expounded; it creates an intellectual climate in which the social utility of the law and the profession which practises law can be critically examined; and, most significantly, it provides an opportunity for pointing the way to changes in attitude and in professional structures that will more fully respond to altruistic ideals. Let me recall another passage from the 1971 handbook:
Yours is a law school that can assume a leadership in the programme of professional satisfaction, turning around the cynicism that oftentimes seems to affect those who regard law as the means by which battles can be won for profit, instead of a civilizing influence that facilitates the peace and progress of society. In this adventure of the next 25 years, I wish you well. I thank you on behalf of the Judiciary for equipping competent lawyers to service the courts , particularly the Courts sitting in this State. I congratulate not only the University, the Deans, the Faculty and the visiting lecturers, but also the students who have together made the Law School an integral part of a community of learning. The repute stands high. The prospects of the future are higher yet.
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