Addressing Bias in Legal Addressing Bias in Legal Education to Promote Justice Education to Promote Justice

Part 1Part 1Ved Kumari – IndiaVed Kumari – India

Amari Omaka - NigeriaAmari Omaka - Nigeria

What is biasWhat is bias• Simply put, bias is a preconceived opinion Simply put, bias is a preconceived opinion

that prevents a person from objective that prevents a person from objective judgment judgment

• An act of prejudiceAn act of prejudice

• Being partialBeing partial

Bias as human tendencyBias as human tendency

• Bias is natural to all human beings. Bias is natural to all human beings.

• It results from natural inclination of It results from natural inclination of exercising power over what is right or exercising power over what is right or wrong.wrong.

• It is therefore utopian to think of It is therefore utopian to think of eliminating bias in judgment.eliminating bias in judgment.

Bias minimisationBias minimisation

• Bias minimisation is a concept that Bias minimisation is a concept that balances the reality of bias and the havoc balances the reality of bias and the havoc it can cause if not controlled.it can cause if not controlled.

• In our context, it is conscious efforts made In our context, it is conscious efforts made by law teachers to evolve a teaching by law teachers to evolve a teaching curriculum and methodology that reduces curriculum and methodology that reduces bias in law teachingbias in law teaching

Gains of bias minimisation curriculum Gains of bias minimisation curriculum for law students:for law students:

• Self-confidenceSelf-confidence• Self-identitySelf-identity• Constructive knowledge developmentConstructive knowledge development• Rational thinking Rational thinking • Globalised worldview Globalised worldview • Empathic interaction with people from diverse Empathic interaction with people from diverse

backgrounds; backgrounds; • Critical thinking, values and judgement Critical thinking, values and judgement • Ability to stand up for him or herself and for Ability to stand up for him or herself and for

othersothers

Who is a good law teacher?Who is a good law teacher?

• There are five schools of thought:There are five schools of thought:

1.1. If one favoured a doctrinal approach –emphasising If one favoured a doctrinal approach –emphasising intellectual rigour and authority– the good law intellectual rigour and authority– the good law teacher was the brilliant legal specialist with teacher was the brilliant legal specialist with comprehensive knowledge of the lawcomprehensive knowledge of the law

2.2. If one favoured a vocational approach –If one favoured a vocational approach –emphasising employability as an outcome of legal emphasising employability as an outcome of legal education – the good law teacher was the lecturer education – the good law teacher was the lecturer

who knew how the law ‘really’ workswho knew how the law ‘really’ works

3. If one favoured a liberal approach –emphasising 3. If one favoured a liberal approach –emphasising individual freedom and informed rationality – the individual freedom and informed rationality – the good law teacher was the teacher who inspired a good law teacher was the teacher who inspired a student’s interest in lifelong learning.student’s interest in lifelong learning.

4. If one favoured a deviant or critical approach – 4. If one favoured a deviant or critical approach – undermining the status quo and questioning the undermining the status quo and questioning the undisclosed political positions, gender biases, and undisclosed political positions, gender biases, and power relations – the good law teacher was the power relations – the good law teacher was the passionate critic or the charismatic rebel who passionate critic or the charismatic rebel who inspired insubordination and subversion.inspired insubordination and subversion.

Who is a good law teacher?Who is a good law teacher?

5. If one favoured open mindedness in research and 5. If one favoured open mindedness in research and endorsing CLE method- emphasising skill development, endorsing CLE method- emphasising skill development, personal reasoning, teamwork, without right or wrong personal reasoning, teamwork, without right or wrong answers, but modifying opinions in the context of general answers, but modifying opinions in the context of general class views – the good law teacher was the teacher who class views – the good law teacher was the teacher who inspired a student in becoming themselves and better inspired a student in becoming themselves and better

citizens in pursuit of social justicecitizens in pursuit of social justice

Who is a good law teacher?Who is a good law teacher?

Error in definitionError in definition• Unfortunately, none of these classifications of who a Unfortunately, none of these classifications of who a

good law teacher is, used ethical standards to good law teacher is, used ethical standards to measure the goodness or badness of a law teacher. measure the goodness or badness of a law teacher.

• Apart from Apart from partiallypartially the liberal and clinical legal the liberal and clinical legal educator, none of these classifications of who a good educator, none of these classifications of who a good law teacher is used ethical standards to measure. law teacher is used ethical standards to measure.

• In other words, these schools did not think that the In other words, these schools did not think that the teacher who is conscious of bias minimisation was teacher who is conscious of bias minimisation was material to who a good teacher ismaterial to who a good teacher is

The power of the law school teacherThe power of the law school teacher

•The pedagogicalismThe pedagogicalism[1], as general tertiary teaching , as general tertiary teaching method, is an expression of power of the teacher method, is an expression of power of the teacher within the law school. within the law school.

•It is a means by which the ‘good teacher’ is It is a means by which the ‘good teacher’ is accorded status: one with the privilege, autonomy accorded status: one with the privilege, autonomy and power to influence students in the law school.and power to influence students in the law school.

1] Coined for Australian law teaching, modelled by Dr James Nick John James. See The Propagation of Pedagogicalism in Australian Legal Education" [2004] UQLRS 3; (2004) 27 (1) University of New South Wales Law Journal, 147-169, Last Updated: 7 May 2009

The power of the law school teacherThe power of the law school teacher

•If pedagogicalism as presently practiced in many If pedagogicalism as presently practiced in many law schools, is a standard, then the issue of bias law schools, is a standard, then the issue of bias minimisation is a fowl cry. minimisation is a fowl cry.

•The law teacher simply brings his/her biases on The law teacher simply brings his/her biases on crimecrime, , sexsex, , gendergender, , colourcolour, , religionreligion, , philosophyphilosophy, , politicspolitics and and lifelife generally to generally to influenceinfluence his/her his/her students who are potential judges.students who are potential judges.

•Those whom the teacher likes for whatever reasons Those whom the teacher likes for whatever reasons receives pleasant questions in class, commended receives pleasant questions in class, commended most, and gets better grades after exams. While the most, and gets better grades after exams. While the “indecent” girl receives hard assignments, booed at “indecent” girl receives hard assignments, booed at wrong answers, and her script poorly marked.wrong answers, and her script poorly marked.

Dangers of biased pedagogy Dangers of biased pedagogy

•The lawyer-turned judge taught, or The lawyer-turned judge taught, or indoctrinated, indoctrinated, by a law teacher who hates capitalism, as an by a law teacher who hates capitalism, as an economic ideology would easily convict any rich economic ideology would easily convict any rich person who appears in his/her court for person who appears in his/her court for presupposed presupposed making his money by exploiting the making his money by exploiting the poor.poor.

Sharing my personal experiencesSharing my personal experiences

•I have had an experience with a teacher who detests any student I have had an experience with a teacher who detests any student studying art subjects in my secondary school. The effect lingers in studying art subjects in my secondary school. The effect lingers in my life, career and mind till date. my life, career and mind till date. •I also know a university lecturer who believes that pre-marital sex is I also know a university lecturer who believes that pre-marital sex is ideal and that sex is a daily exercise for all. He teaches that to his ideal and that sex is a daily exercise for all. He teaches that to his students in sex education classes and a girl close to me has had his students in sex education classes and a girl close to me has had his carrier marred by practising what the professor indoctrinated her carrier marred by practising what the professor indoctrinated her with. with. •I have appeared before a judge who convicts any person appearing I have appeared before a judge who convicts any person appearing before him on a charge of rape, because her daughter had suffered before him on a charge of rape, because her daughter had suffered that fate in the hand of gangsters.that fate in the hand of gangsters. •I personally declined presiding over divorce proceedings as I personally declined presiding over divorce proceedings as magistrate because core Christian faith is against it. However, my magistrate because core Christian faith is against it. However, my approach was always to use mediation and other ADR methods to approach was always to use mediation and other ADR methods to reconcile the parties.reconcile the parties. •Query: Imagine if all the Query: Imagine if all the dramatis personaedramatis personae here are law teachers here are law teachers with the with the “Pedagogicalism power” to influence like the sex education “Pedagogicalism power” to influence like the sex education teacher above, what would happen to innocent litigants in their teacher above, what would happen to innocent litigants in their courts?courts?

Think about this!Think about this!

Imagine if all the Imagine if all the dramatis personaedramatis personae here are law here are law teachers with the teachers with the “Pedagogicalism power” to “Pedagogicalism power” to influence like the sex education teacher above, what influence like the sex education teacher above, what would happen to innocent litigants in their courts?would happen to innocent litigants in their courts?

Recommendations:Recommendations:How to ensure that the teacher’s bias does not How to ensure that the teacher’s bias does not

affect the results of students who may have affect the results of students who may have different ideological placementdifferent ideological placement

1.1. Allow students to easily express their mind and Allow students to easily express their mind and opinionopinion

2.2. Teach the law as it is, not how you think it should Teach the law as it is, not how you think it should bebe

3.3. Be open minded and shun personal idiosyncrasiesBe open minded and shun personal idiosyncrasies

4.4. Have a positive attitude to issues and various Have a positive attitude to issues and various phenomenonphenomenon

Recommendations:Recommendations: How to ensure that the teacher’s bias does not How to ensure that the teacher’s bias does not

affect the results of students who may have affect the results of students who may have different ideological placementdifferent ideological placement

5. Recognize your students’ diverse perceptions of 5. Recognize your students’ diverse perceptions of life, race, colour, crime, morality, religion etc.life, race, colour, crime, morality, religion etc.

6. Don’t yell at your students 6. Don’t yell at your students

7. Don’t easily criticize/condemn students 7. Don’t easily criticize/condemn students

8. Don’t basically shut them off from a true dialogue8. Don’t basically shut them off from a true dialogue

Recommendations:Recommendations:How to ensure that the teacher’s bias does not How to ensure that the teacher’s bias does not

affect the results of students who may have affect the results of students who may have different ideological placementdifferent ideological placement

9. Don’t have an already made opinion to sum up with. 9. Don’t have an already made opinion to sum up with. E.g.E.g.

“ “By and large, Islam is a violent religion and By and large, Islam is a violent religion and prone to crimes of terror”prone to crimes of terror”

Recommendations:Recommendations:How to ensure that the teacher’s bias does not How to ensure that the teacher’s bias does not

affect the results of students who may have affect the results of students who may have different ideological placementdifferent ideological placement

10. In any contentious matter, put your self on the 10. In any contentious matter, put your self on the other side of the divide, and see if they are any other side of the divide, and see if they are any senses in what the other person/student is saying. senses in what the other person/student is saying. You may be amazed, there would be!You may be amazed, there would be!

ConclusionConclusion • A belief in the value of human diversity and the fair

treatment of all people is a prerequisite for doing anti-bias work as a law teacher.

• When law teachers become committed to minimizing bias, the profession would have sound image and unbiased judges would better serve humanity.

• In jurisdictions where judges may be appointed straight out of law schools, as in India, the law school teacher should focus on judicial skills with bias minimisation methods as crucial to the judicial system.