Teaching legal research subversively

Abstract

This article presents a novel approach to teaching the compulsory law degree subject Legal Research. It considers that while legal research is traditionally a non-substantive subject that does not explain — let alone question or critique — the law, it can be taught in a way that encourages law students to think critically about legal institutions and the broader social context that gives rise to them. The article explores ways to pursue such legal instruction, with reference to methods used in a legal research subject taught in the Law and Justice Faculty of the University of New South Wales, Australia. It concludes that the discipline of legal research presents valuable opportunities for providing law students with a deeper social education in the law.