In Principio_S1 2018_WEB

I N P R I N C I P I O | 1 5 SCHOOL OF LAW 20TH ANNIVERSARY A RETROSPECTIVE Twenty years ago, whenThe University of Notre Dame Australia opened the doors to its first School of Law—in Fremantle, Western Australia—it did so during one of the periodic downturns in the Australian economy and when there was a strain on the ability of the profession to take increasing numbers of graduates. It was important to think carefully about the design of the course to ensure it was ‘fit for purpose’. The School of Law Advisory Board, of which I was a member, decided to make the curriculum a lot more prescriptive than the courses offered at the other universities in Western Australia by including a greater number of compulsory subjects. The aim was to provide a broad-based, enduring education with critical thinking as the centre. Legal History, for example, was a natural inclusion because an understanding of the nature of our legal precepts and many of our institutions is enhanced by an appreciation of their historic context. Others included: • Alternative Dispute Resolution ; first, because of the increasing importance of those disciplines in the administration of justice and, secondly, because a good lawyer must be a persuader; that is, a person who can, by personality and strength of argument, convince a court, an opposition and even her or his own client of what is right; • Remedies ; when taught towards the end of a law course, it brings together, and gives meaning to, the disparate strands of black letter disciplines such as Contract, Torts and Property and the ameliorating presence of Equity; • Legal Philosophy ; because the practice of law is essentially about a logical approach to problem solving and the method of logical thinking is not necessarily innate; and • Legal ethics ; the importance of which needs no explanation. An abiding feature of the Notre Dame curriculum, on each of the three campuses and in each and every school, is the study of Philosophy, Theology and Ethics. Legal Philosophy and Legal Ethics take those building blocks and apply them in the context of the Law. With a few minor blips and tweaks along the way to the 20th year of operation, the course design remains very much intact. Another key consideration in establishing the law school in 1997 was the question of purpose. We realised that, while the preparation of students for entry into the practising profession would always be a focus, wewould need to look more broadly at what was required. We wanted it to be a place where lawyers could be trained in a slightly different way, where students are offered the law as a general education, both as a pre-requisite for legal practice and as preparation for other callings which contribute to the good of society. Australian society needs people who can think critically and who can apply the logical and analytical problem solving techniques that the study of law is ideally suited to instil. Some may question why Notre Dame believes it can train lawyers in a slightly different way. To speak of ‘difference’ is to embrace diversity and not to decry the approach of other law schools. The ‘difference’ lies in the character of Notre Dame as a Catholic University. It is not fashionable these days to talk about Catholic ideals, or indeed to espouse the Judeo-Christian tradition. This tradition has been so critical in the development of the western world and its importance was eloquently argued by the Hon. Dyson Heydon QC in a recent edition of The Weekend Australian. The ‘difference’ stems from a belief that the professions and other callings for which a legal training is desirable should have among their number members who have been exposed to a special kind of university education. It is one built on the 2000 year old Catholic Intellectual Tradition. The concept of the Catholic Intellectual Tradition defies definition. It is not about dogma. In essence it is a 2000 year conversation resulting from a belief that thinking, serious sustained intellectual reflection, is a good thing and that it needs to be applied to our lives as disciples of the Christian tradition as well as to everything else. It enshrines the compatibility of faith and reason. It would be a mistake to think that Law is all about, and only about, reason. For example, and using the concept of ‘faith’ in a broad and generic sense and as being bound up with values, the sentencing of offenders and many exercises of discretionary judgments are instances where both can be brought to bear in varying degrees. As the Law School on Notre Dame’s Fremantle Campus is only 20 years old, I cannot point to empirical evidence to show how that difference in training has manifested itself. But I am prepared to be patient because I am certain that, over time, we will see a tangible demonstration of the benefits of the Notre Dame experience. H ONOU R A B L E J U S T I C E N E V I L L E OWE N