A Serious Game for Enhancing Fundamental Lawyering Skills for Thai Law Students
Even though all the lawyers are demanded both higher and more capacities to solve the legal conflicts in the globalization where all people and business transactions are easily connected, but the core competency for lawyers: legal knowledge; legal attitude; and lawyering skills are still be the f...
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Format: | Theses and Dissertations |
Language: | English |
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เชียงใหม่ : บัณฑิตวิทยาลัย มหาวิทยาลัยเชียงใหม่
2020
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Online Access: | http://cmuir.cmu.ac.th/jspui/handle/6653943832/69717 |
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Institution: | Chiang Mai University |
Language: | English |
Summary: | Even though all the lawyers are demanded both higher and more capacities to solve the
legal conflicts in the globalization where all people and business transactions are easily
connected, but the core competency for lawyers: legal knowledge; legal attitude; and
lawyering skills are still be the fundamental aspects of competent novice lawyers.
Particular, lawyering skill competency is the tacit knowledge which time-consuming to
learn and transfer to each other. Any lawyer who lacks of lawyering skill knowledge and
capacity may cause to ineffectiveness of legal implementation, legal enforcement, and
legal services which definitely impact to people and society interest.
Meanwhile the legal education in Thailand has been popular among new generation for
many reasons; honourable social engineering career; satisfied-higher income of judges
and public prosecutors. However, the increasing number of new law students enrolled
each year does not reflect the achievement of Thai law schools. But the number of
competent graduated law students are the real key points instead. According to the
problem justification in the research found that lawyering skill learning opportunity under
Thai legal education is inappropriate situation. There are aspects considered unclear;
unsystematic in term of learning promotion. For instance, the national legal education
institutes; Thai Bar Association; had no any suggestions, or guidelines on what and level
of fundamental lawyering skills should be trained for law students or novice lawyers
before entering to the legal practicing arena. Therefore, it seemed the law schools has not
been urged by any suggestions of such the national legal education institute to policy
deployment for lawyering skill learning promotion.
Interestingly, the undergraduate law curriculum among all level of Thai legal education
is only the compulsory program for all lawyers, therefore it supposed to be the primary
source where all law students must be learned and trained the core competency in
particular lawyering skill knowledge as proper as their age and life experiences before
graduation. Because there are some law career paths which graduate law students can
practice law without any further legal education. But it is perceived to be legal-content
oriented and lack of lawyering skill learning promotion. Although there are some
lawyering skills; legal reasoning, legal analysis, legal writing, has highlighted during
lecturing of compulsory legal courses, but they were not be taught and feedback
systematically toward each students’ performance after grading announcement. Adding
more lawyering skill courses may cause to curriculum revision because the total courses
credits has already reached the proper maximum.
Such the obstacles as mentioned are time-consuming and possible to inconsistent
outcome if any law school try to solve each factor by factor. For instance, law curriculum
revision may cause to hard talk discussion among all legal educators in the law school
since the philosophy of curriculum, what existing courses shall be eliminated, combined,
or changed for providing additional lawyering skill courses, what types and number of
lawyering skill courses should be registered into the curriculum. Encouraging by policy
the law lecturers to responsible unfamiliar new lawyering skill courses may cause to
defensive routine crisis.
Based on the Double Loop Learning Theory, the research alternatively proposed a
knowledge management model by using serious game as the self-lawyering skill
knowledge transferring tool for the undergraduate law students. The model were
associated with the gap analysis results and designed by the integration of experts’
knowledge, learning theory, and serious game concept. By this approach, the law school
can possible to promote lawyering skill knowledge learning for law students by their own
management without involving to any time-consuming obstacles, such as law curriculum
revision, defensive routine of law lecturers, lower learning impact of lecture base
approach, etc.
Within the KM model as proposed, the research methodology were all about;
1. Knowledge area identification because Thai legal education have no any idea
about what fundamental lawyering skills should be learned by the
undergraduate law students,
2. Research area identification to scope and allow the research demonstrate and
prove effectiveness of the KM model solution within the research period,
3. Hard-to-reach qualified skilful legal expert identification for knowledge
capturing stage. Due to Thailand has no any institute certified how skilful of
each lawyer but in fact they are well known among community of practice.
4. Designing and verifying the effectiveness of the standalone KM model which
integrated by the lawyering skill knowledge, learning theories, and serious
game concept to effectively transfer cognitive lawyering skill knowledge and
stimulate learning engagement to undergraduate law students.
According to the research methodology, the research proposed the two KM models for
cognitive knowledge transferring of the factual investigation skill and the mediation skill.
Due to the research found that apart from they were two core skills from the eight as
identified by the major law career paths, the law students of CMU had significantly
dissatisfied self-confidence level at both skills according the self-confidence evaluation
analysis. Moreover, the two core skills are also very important for lawyering works. The
fact finding skill helps lawyers effectively gather and verify the trustworthiness of facts
related the conflict prior any legal decision shall be made. The mediation is also now the
alternative legal justice paradigm in Thailand which lawyer must be trained otherwise the
lawyers may not help their legal clients discover amicable solution in the mediation
process.
The two KM models’ effectiveness verification stage shown that the voluntary sampling
law students of CMU had significant higher cognitive knowledge level when compared
the pre and post-test results analysis. And the samples demonstrated learning engagement
with fun in various aspects as shown in the video records and interviewing respondents
after learning through the KM models by using serious game. Finally, the KM models
also helped the sampling law students recognized their self-awareness on lawyering skill
capacity gap after learning through the KM models.
To conclude, the KM models as proposed and designed in according with the research
methodology had proved to be the self-learning tools for transferring the cognitive
lawyering skill knowledge from the external legal experts outside the law schools to mass
young new generation undergraduate law students. Moreover, this two KM models are
not only perceived to be the first time ever new learning method applicable in Thai law
school instead of lecture based teaching, but they are expected to be the alternative way
to minimize the lawyering skills capacity gap between the undergraduate law students in
law school and legal professions in community of practice. Lastly, the research ideas can
also guide for developing the remaining six fundamental lawyering skills KM models or
another types of skill learning in other fields. |
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