Legal Education and Legal Traditions: Selected Essays (SpringerBriefs in Environment, Security, Development and Peace Book 34)

This book deals with aspects of legal education and legal traditions. Part I includes chapters on teaching Law of the Sea, legal ethics and educating lawyers as ‘transaction cost engineers’ as well as comparison of teaching law in a refugee camp and in a Malaysian University. Part II on legal and philosophical traditions includes essays on what later philosophers would have commented on Plato’s arguments in the Crito regarding ‘absolute obligation to obey the law’ and what Socrates would have said on two conversations in the 19th century novel Uncle Tom’s Cabin regarding the morality and legality of harbouring runaway slaves. Part II concludes with two essays regarding the applicability of the Hart-Devlin debate on the ‘enforcement of morals’ vis-à-vis the International Criminal Court and an essay on what the historian Arnold Toynbee would have commented on the ‘contingency’ v ‘teleology’ debate between two palaeontologists the late Stephen Jay Gould and Simon Conway Morris. • Legal education of interest to legal educators and students • Legal, political, moral philosophy as well as philosophy of history of interest to law, philosophy and history teachers, postgraduate and under graduate students • Aspects of legal ethics for law teachers, students and legal professionals• Interdisciplinary studies regarding law and economics, law and literature, law and social justice for law, humanities, social science academics and students. Acknowledgements 6 Contents 7 Part ILegal Education 9 1 Reflections on the Teaching of 1982 the Law of Sea Convention 10 1.1 Introduction 10 1.2 The 1982 LOSC: A Constitution for the Oceans 13 1.3 A Snapshot of the Early Conflicts at Sea: Claims, Counterclaims and Sovereignty Disputes Over Resources and Territories 14 1.4 Three Salient Features of the 1982 LOSC 16 1.4.1 Division of Maritime Zones 16 1.4.2 Navigation and Protection of the Marine Environment 18 Bibliography 19 2 The Future of Lawyers as Transaction Cost Engineers 22 2.1 Ronald H. Coase 22 2.2 The Coase Theorem 25 2.3 Lawyers as Transaction Cost Engineers 27 2.4 Training of the Transaction Cost Engineers 28 2.5 Lawtech Comes to the Transaction Cost Engineer 29 2.6 Conclusion 31 Bibliography 31 3 Human Values in Legal Professionals’ Ethics Education 34 3.1 Introduction 35 3.2 Education in Human Values 35 3.3 Legal Professional Ethics 37 3.4 The Duties of an Advocate and Solicitor 39 3.4.1 Duty to the Court 39 3.4.2 Duty to Client 41 3.4.3 Duty to Fellow Lawyers 42 3.4.4 Duty to Society at Large 42 3.5 Conclusion 44 Bibliography 44 4 Teaching Law Undercover 46 4.1 Undercover 46 4.2 Out from Cover 50 Bibliography 52 Part IILegal and Philosophical Traditions 53 5 Socrates’ Refusal to Escape from Prison: Later Philosophers’ Possible Views on the Crito 54 5.1 Introduction: The Crito 54 5.2 Aristotle 56 5.3 Thomas Hobbes 58 5.4 John Locke 59 5.5 Jean-Jacques Rousseau 61 5.6 Herbert Lionel Adolphus Hart 62 5.7 Lon Luvois Fuller 63 5.8 Conclusion 65 Bibliography 65 6 What Would Socrates Have Said on Two Conversations About Harbouring Runway Slaves and Running Away from Slavery in Uncle Tom’s Cabin by Harriet Beecher Stowe 67 6.1 Introduction 68 6.1.1 Socrates’Attitude About Slavery During 430 BCE 68 6.2 Socrates’ View on Slavery in the Mid-Nineteenth Century 68 6.3 Socrates’ View on Conversation 1 69 6.3.1 Introduction 69 6.3.2 Analysis of Relevant Arguments from Socrates’ Viewpoint 70 6.4 Socrates’ View on Conversation 2 73 6.4.1 Introduction 73 6.4.2 Extrapolating a Few Arguments from the Crito and Applying to George’s Situation in Uncle Tom’s Cabin 73 6.4.3 Socrates’ Possible View on the Fleeing (Soon to Be) Former Slave George 76 6.5 Conclusion 78 Bibliography 80 7 Relevance of Hart-Devlin Debate in Relation to the International Criminal Court 81 7.1 Introduction 81 7.2 Harking Back to the Nineteenth Century John Austin’s Positivism 82 7.3 Crimes Amenable to the Jurisdiction of the International Criminal Court 82 7.4 Hart-Devlin Debate and Its Relevance Vis-à-Vis International Criminal Court 83 7.4.1 Devlin’s ‘Consensual Morality’ and the International Criminal Court 84 7.4.2 Consensual Morality and Implementation of International Judicial Decisions 87 7.5 Conclusion 88 Bibliography 88 8 Spillover Thoughts in Rereading Time’s Magazine’s Obituary of Historian Arnold Toynbee: Teleologies of History, Contingency and Sub Specie Aeternitatis 90 8.1 Introduction 90 8.2 Earlier Teleological Views of (Human) History: Augustine and Marx 91 8.3 Gould and Conway Morris’ Debate on the Nature of Evolutionary History 92 8.3.1 Gould’s ‘Rewinding the Tape of Life’ and Conway Morris’ ‘Trivia’ 93 8.3.2 Falsifiability of the Cause of Dinosaur Extinction and Unfalsifiability of Gould and Conway Morris Thesis? 97 8.3.3 Toynbee on the Gould Conway Morris Debate 99 8.3.4 An Interlude on Ernst Mayr’s Views on Contingency and Teleology 101 8.3.5 Toynbee on the Side of ‘Teleology’? 104 8.4 Intellectual Provincialism, ‘Seeing as a Whole’ and Sub Species Aeternitatis 107 8.5 Design, Consilience, Emergence and Spinozist View Points 113 8.5.1 Design/Intelligent Design v Spinozist Notions 113 8.5.2 Design, Intelligent Design v Deus Sive Natura 113 8.5.3 Consilience (Perhaps) Could Be in Spinoza’s Mind 115 8.6 Conclusion 120 Bibliography 121 About the Editor 125 About the Authors 127 About the Book 129 Front Matter ....Pages i-viii Front Matter ....Pages 1-1 Reflections on the Teaching of 1982 the Law of Sea Convention (Mary George)....Pages 3-14 The Future of Lawyers as Transaction Cost Engineers (Dennis Wye Keen Khong)....Pages 15-26 Human Values in Legal Professionals’ Ethics Education (Gita Radhakrishna)....Pages 27-38 Teaching Law Undercover (Stewart Manley)....Pages 39-45 Front Matter ....Pages 47-47 Socrates’ Refusal to Escape from Prison: Later Philosophers’ Possible Views on the Crito (Charlene Constance Chai, Myint Zan)....Pages 49-61 What Would Socrates Have Said on Two Conversations About Harbouring Runway Slaves and Running Away from Slavery in Uncle Tom’s Cabin by Harriet Beecher Stowe (Chew Yi Ting, Kan Da Xing, Myint Zan)....Pages 63-76 Relevance of Hart-Devlin Debate in Relation to the International Criminal Court (Chong Jun Min)....Pages 77-85 Spillover Thoughts in Rereading Time’s Magazine’s Obituary of Historian Arnold Toynbee: Teleologies of History, Contingency and Sub Specie Aeternitatis (Myint Zan)....Pages 87-121 Back Matter ....Pages 123-127