Paradigm Shift In Assessment Methodology For Law Students In South Africa

Abstract

This paper addresses the insufficient traditional method of assessment of tests and examination, which is purely the regurgitation of information. Unfortunately some lecturers tend to cling to the traditional method of assessment as it is an easy route for them to follow. The said method does not encourage the students to become critical thinkers and problem solvers, which is of the utmost importance to any student studying law- or law related qualifications. Deep learning is therefore not stimulated, because the students only study what they think is necessary to pass a test or examination paper. All that the traditional method of assessment results in is that a student, after completion of his/her studies, is not able to apply the knowledge which he/she so freely regurgitated. There is therefore no practice based learning taking place and assessment is not learner centred. A definite paradigm shift is necessary in order to ensure that deep learning is achieved by all students and that the students will be fully productive in legal practice when they complete their qualifications (graduateness). In order to implement and facilitate this said paradigm shift, the author addresses the definition of assessment, the purpose of assessment and the difference between deep- and surface learning. The different possible forms, instruments, methods and tools of assessment which the Legal Sciences Department at the Vaal University of Technology could use are addressed. Types of evidence of learning are considered and suggestions are made on best practice in respect of assessment methodology for students in the said department. The motivation and training of the lecturers are also of paramount importance and therefore the author also pays attention to these aspects in this paper. Once lecturers and students realise that it is to the benefit of the students to make assessment learner centred and the importance of constructive alignment, the shift to innovative assessment methods is easy. Students are then assured of holistic development and confident that they will be immediate assets to practice once they complete their qualifications and not burdens to their new employers that requires further training.