"What's the dissolution of the monasteries, miss?" - Teaching a compulsory first year module in English Legal History at Bradford University Law School

Abstract

This paper will look at the development of a compulsory first year module in Legal History at Bradford University Law School, and at the lessons that have been learned over the first three years of its operation. The goal of this module was to introduce students to some general themes in legal history. The syllabus includes topics such as the myth of the common law, the "lawyerisation" of the criminal trial, and the changing legal status of first slaves and then women. Rather than using a textbook, students were asked to read cases, statutes, historical texts and journal articles. A number of problems emerged. The students had very little general historical knowledge: some did not know what was meant by the reformation or the agricultural revolution. This made it difficult to put the chosen topics into context. They also found it extremely difficult to read primary sources and academic writing. Initial student feedback was that the module was too intellectual and they could not understand the lectures. In the second and third years, the content was trimmed, and the tutorials were used to practice reading and writing skills rather than for discussion of substantive issues. More use was also made of film and literature to introduce topics. This has resulted in greater enthusiasm for the module and improving module evaluations. Some of the choices made at Bradford were necessary because we were addressing students in their first semester of university, but others were necessary because of the particular background of our students. What interests and engages students from a white British middle class background is not the same as what interests and engages a young Muslim man or woman living in Bradford. At one time, legal history taught in Australasian law schools was basically the history of English law starting with the Anglo-Saxons. This approach has, rightly, been superseded, in Australia and New Zealand. The Bradford experience suggests that the traditional approach to content and delivery of legal history may need to be reviewed even in England.