Neoliberalism in legal education research

Abstract

Neoliberalism has become one of the dominant languages for describing developments in higher education in Australia and overseas. Margaret Thornton (2012) has provided the most sustained and detailed analysis of how neoliberalism has impacted the curriculum and pedagogical methods of Australian law schools. Far from offering resistance, Thornton observed that reform has proceeded ‘with alacrity’. Alongside this literature, Wendy Brown (2015) has sought to describe neoliberalism not just as an economic policy but as a governing rationality which extends market logic into all aspects of human and social life. For Brown, higher education is increasingly perceived (by students, staff and the community) as a mechanism for producing human capital and maximising competitiveness. This chapter seeks to understand the relationship between neoliberalism and legal education research (LER). It is motivated by the following questions: to what extent does LER engage with neoliberalism or understand its relevance to current pedagogical practices; in what ways are we academics configured by neoliberal rationality in our approach to LER; and what role can a critical literature play in furthering commitments to the public good, democracy and valuing individuals and knowledge for their own sake?