‘The Successful Law Student’ and the student voice

By Imogen Moore, Senior Teaching Fellow (University of Bristol Law School)

‘The Successful Law Student: An Insider’s Guide to Studying Law’ (Oxford, 2018), co-authored with Craig Newbery-Jones of the University of Leeds, was written with the aim of supporting and guiding law students through transition, the law degree, and beyond. One of the particular features of the book is the incorporation of authentic student comments to support, challenge and enrich the text. It is the value and significance of this student voice that I intend to focus on in this blog post.

As the slightly quirky design might indicate, ‘The Successful Law Student’ is neither a substantive law textbook nor a conventional legal skills compendium. Our goal was to create a ‘supportive friend’ to assist a law student through the challenges they might face, recognising that every student’s experience will be unique. The book is therefore aimed at any and all aspiring and current law students rather than directed toward any particular ‘type’ of law student, law degree, institution or career aspiration. And at its core is a definition of success rooted in the individual and not dependent on external validation.

A key element of our initial proposal was the inclusion of the authentic and reflective voice of our students, providing their take on aspects of the law student experience: a feature we dubbed ‘I wish I’d known’. This reflects the book’s origins in myriad conversations with prospective, current and former students over many years in different institutions, as well as our own interests, aims, experiences, and occasional frustrations. Our publisher, OUP, supported this by enabling us to communicate with a large number of students beyond our own institutions, ensuring the student voice incorporated within each chapter of ‘The Successful Law Student’ truly reflects the diverse law student community.

We were pleased – but perhaps a little surprised – at just how popular this feature proved to be with reviewers of early drafts. It appeared that using student voice in this way was really valued. Why might this be? (more…)

A Foucauldian Interpretation of Modern Law: From Sovereignty to Normalisation and Beyond

By Dr Jacopo Martire, Lecturer in Law (University of Bristol Law School).

Although it can be rightly said that Michel Foucault is one of the most influential scholars of the 20th (and dare we say it? 21st) century, it is also easy to affirm that his ideas have always elicited a certain degree of scepticism. A degree of scepticism would be a suave euphemism to describe the reaction that Foucault’s ideas on power, subjectivity, and truth have caused in the legal field. Scholars as diverse as Jürgen Habermas, Duncan Kennedy, and Nicos Poulantzas (to name a few) have accused Foucault of excessively downplaying the role of law in modernity and of culpably disregarding the function of rights in protecting individuals against external interferences – either public or private. This line of reasoning found its most elaborate champions in Alan Hunt and Gary Wickham who, in “Foucault and law” (Pluto Press, 1994), advanced the so-called “expulsion thesis”: Foucault was guilty of having expelled law from the locus of power, depicting the legal discourse as a sort of veneer for real power with no substantive importance in modern societies.

It must be said that, notwithstanding such trenchant critiques, Foucault’s thought has continued to have a huge effect in many legal areas – from criminal law, to labour law, to international law and beyond. It must also be recognised, however, that the trope of the “expulsion thesis” has survived for almost two decades basically unchallenged (at least in the Anglo-Saxon academia), thus gnawing at the foundations of any Foucauldian-inspired reading of the legal field.

My own monograph “A Foucauldian Interpretation of Modern Law” (EUP, 2017), similarly to Ben Golder’s works on this topic – “Foucault’s law” (Routledge, 2009) together with Peter Fitzpatrick and “Foucault and the politics of rights” (SUP, 2015) – addresses exactly this problem, trying to solve the puzzle of the relationship between the legal discourse and contemporary forms of power as described by Foucault. My interest in this question was dictated not only by what I saw as gap in the literature, but also from a more general preoccupation. (more…)

NHS procurement and Brexit: limited scope for no-deal preparations

By Dr Albert Sanchez-Graells, Reader in Economic Law and Member of the Centre for Health, Law, and Society (University of Bristol Law School).

As Brexit day approaches and the UK and the EU fail to complete their negotiations for a withdrawal and transition agreement to ensure an ‘orderly Brexit’, more and more voices will raise strong concerns about the impact of a no-deal Brexit for important sectors of the UK economy and public sector. In a leaked letter, the trade association of NHS providers sent a clear warning message to the public bodies in charge of running the English NHS (NHS England and NHS Improvement). As widely reported by the press, NHS providers made it clear that poor co-ordination by ministers and health service bosses means there has been a failure to prepare for the UK to be left without a Brexit deal, and that this could mean “both stockpiles and shortages of medicines and medical devices”.

NHS providers have thus requested that the Department of Health and Social Care, NHSE and NHSI accelerate preparations for a no-deal Brexit. In this post, I argue that there is very limited scope for no-deal preparations concerning medical equipment and consumables, and that this can have a very damaging impact on the running of the NHS post-Brexit, given that it annually spends approximately £6 billion on goods (such as every day hospital consumables, high cost devices, capital equipment and common goods). (more…)