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Transforming legal education through emotions

Published online by Cambridge University Press:  31 July 2018

Emma Jones
Emma Jones*
Affiliation:
School of Law, The Open University, Milton Keynes, UK
*
*Author email: [email protected]
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Abstract

Law has traditionally viewed emotions as the enemies of rationality and reason, irrational and potentially dangerous forces which must be suppressed or disregarded. This separation and enmity has been mirrored within undergraduate legal education in England and Wales, with its rigid focus on seemingly impartial and objective analysis and notions such as the ubiquitous ‘thinking like a lawyer’. This paper will argue that attempts to disregard or suppress emotions within the law school are both misguided and destined to fail. It will explore the integral part emotions play within effective legal learning, the development of legal skills, and the well-being of both law students and legal academics. It will also consider how developments in legal scholarship and the evolving climate of higher education generally offer some potential, but also pitfalls, for the future acknowledgment and incorporation of emotions within undergraduate legal education in England and Wales. Bodies of literature relating to not only legal education, but also education generally, psychology and philosophy will be drawn on to demonstrate that emotions have a potentially transformative power within legal education, requiring them to be acknowledged and utilised within a more holistic, integrated form of law degree.

Keywords

legal educationemotionwell-being
Type
Research Article
Information
Legal Studies , Volume 38 , Issue 3 , September 2018 , pp. 450 - 479
Copyright
Copyright © The Society of Legal Scholars 2018 

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Footnotes

†

The author would like to thank Professor Fiona Cownie and Professor Anthony Bradney of Keele University, and the anonymous reviewers, for their comments on earlier drafts.

References

1 Maroney, TA ‘Law and emotion: a proposed taxonomy of an emerging field’ (2006) 13 Law and Human Behaviour 119CrossRefGoogle Scholar.

2 The terminology used within discourse on emotions is complex and contested. In this paper, the term ‘emotions’ will be used to encapsulate the whole range of emotions that may be experienced within legal education, in accordance with one of its common usages in relevant literature (see for example Goldie, P The Emotions. A Philosophical Exploration (Oxford, Clarendon Press, 2002)CrossRefGoogle Scholar. The term ‘emotion’ will be used to refer to a specific affective state (for example, anger or happiness) appropriate to the context of its usage: in other words, as denoting a particular ‘emotional episode’ (Oatley, K, Keltner, D and Jenkins, JM Understanding Emotions (London: Blackwell Publishing, 2nd edn, 2006) p 29Google Scholar). The term ‘emotional’ will be used to refer to the presence or application of emotion within a specific situation or experience.

3 See for example Grossi, R ‘Understanding law and emotion’ (2015) 7 Emotion Review 55CrossRefGoogle Scholar; Conaghan, J Law and Gender (Oxford: Oxford University Press, 2013)CrossRefGoogle Scholar; Bandes, SA and Blumenthal, JA ‘Emotion and the law’ (2012) 8 Annual Review of Law and Social Science 161CrossRefGoogle Scholar; Feldman, R The Role of Science in Law (Oxford: Oxford University Press, 2009)CrossRefGoogle Scholar and Bandes, SA ‘Introduction’ in Bandes, SA (ed) The Passions of Law (New York and London: New York University Press, 1999) pp 1–15Google Scholar.

4 Feldman, above n 3, at p 52; Feldman, HL ‘Foreword: law, psychology and the emotions’ (2000) 74 Chicago-Kent Law Review 1423 at 1424Google Scholar.

5 Conaghan, above n 3, at p 161; see also Grossi above n 3, at 56.

6 For a discussion of the importance of science in the context of US legal education see M Nussbaum ‘Use and abuse of philosophy in legal education’ (1993) 45 Stanford Law Review 1627 who states (at 1629) ‘The conception of legal education that still dominates the legal academy today is a conception borrowed from the sciences’.

7 For examples, see Bandes, above n 3, and Posner, EA ‘Law and the emotions’ (2001) 89 The Georgetown Law Journal 1977Google Scholar.

8 Coroners and Justice Act 2009, s 54.

9 Ministry of Justice Code of Practice for Victims of Crime (London: HMSO, 2015)Google Scholar.

10 Maroney, above n 1, at 120; see also Conaghan, above n 3, at p 224; Spain, E The Role of Emotion in Criminal Law Defences: Duress, Necessity and Lesser Evils (Cambridge: Cambridge University Press, 2011)CrossRefGoogle Scholar; Stannard, JE ‘Sticks, stones and words: emotional harm and the English criminal law’ (2010) 74 Journal of Criminal Law 533CrossRefGoogle Scholar; Bornstein, BH and Wiener, RL ‘Emotion and the law: a field whose time has come’ in Bornstein, BH and Wiener, RL (eds) Nebraska Symposium on Motivation. Emotion and the Law. Psychological Perspectives (New York, Dordrecht, Heidelberg, London: Springer, 2010) pp 1–12Google Scholar. For a discussion of the difficulties of incorporating authentic emotion into US criminal law see Sanger, C ‘The role and reality of emotions in law’ (2001) 8 William & Mary Journal of Women and the Law 107Google Scholar.

11 HM Courts and Tribunals Judiciary Oaths (2015), available at http://www.judiciary.gov.uk/about-the-judiciary/the-judiciary-the-government-and-the-constitution/oaths (last accessed 4 July 2018); see also Anleu, SR, Blix, SB and Mack, K ‘Researching emotion in courts and the judiciary: a tale of two projects’ (2015) 7 Emotion Review 145CrossRefGoogle Scholar; Feigenson, NR ‘Sympathy and legal judgment: a psychological analysis’ (1997) 65 Tennessee Law Review 1 at 15Google Scholar; see also Abrams, K and Keren, H ‘Who's afraid of law and the emotions?’ (2010) 94 Minnesota Law Review 1997Google Scholar; Barton, TD ‘Therapeutic jurisprudence, preventive law and creative problem-solving. An essay on harnessing emotion and human connection’ (1999) 5(4) Psychology, Public Policy and Law 921CrossRefGoogle Scholar.

12 Judicial Studies College Crown Court Compendium Part 1: Jury and Trial Management and Summing Up (2018), available at https://www.judiciary.uk/wp-content/uploads/2018/06/crown-court-compendium-pt1-jury-and-trial-management-and-summing-up-june-2018-1.pdf (last accessed 10 July 2018).

13 On the importance of the doctrinal tradition within legal education see for example Hutchinson, T and Duncan, N ‘Defining and describing what we do: doctrinal legal research’ (2012) 17 Deakin Law Review 83CrossRefGoogle Scholar; Jones, G ‘Traditional legal scholarship: a personal view’ in Birks, P (ed) Pressing Problems in the Law Volume 2 What are Law Schools For (Oxford, Oxford University Press, 1996)Google Scholar. On the importance of the liberal tradition within legal education see for example Guth, J and Ashford, C ‘The legal education and training review: regulating socio-legal and liberal legal education’ (2014) 48 The Law Teacher 5CrossRefGoogle Scholar; Bradney, A Conversations, Choices and Chances the Liberal Law School in the Twenty-First Century (Oxford and Portland, Oregon: Hart, 2003)Google Scholar; Hepple, B ‘The renewal of the liberal law degree’ (1996) 55 Cambridge Law Journal 470CrossRefGoogle Scholar.

14 Oxford English Dictionary, available at http://www.oed.com/ (last accessed 10 July 2018).

15 Sugarman, D ‘Legal theory, the common law mind and the making of the textbook tradition’ in Twining, W (ed) Legal Theory and Common Law (Oxford: Basil Blackwell, 1986) p 34Google Scholar; see also Bartie, S ‘The lingering core of legal scholarship’ (2010) 30 Legal Studies 345CrossRefGoogle Scholar; Collini, S Public Moralists. Political and Intellectual Life in Britain 1850–1930 (Oxford: Clarendon Press, 1991)Google Scholar.

16 Sugarman, D ‘The legal boundaries of liberty: Dicey, liberalism and legal science. The rule of law: Albert Venn Dicey, victorian jurist by Richard A Cosgrove’ (1983) 46 The Modern Law Review 102Google Scholar.

17 Mill, JS On Liberty (Hadleigh: Broadview Press, 1999)Google Scholar.

18 Sugarman, above n 16, at 108; see also the reference to property ownership and exchange as underpinning classical legal thought in Feldman, above n 4, at 1425.

19 Select Committee on Legal Education Report from the Select Committee on Legal Education, Together with the Minutes of Evidence, Appendix and Index (The House of Commons, 1846); see also Sugarman, above n 16, at 106; Collini, above n 15, at p 266.

20 Hoeflich, MH ‘The americanization of British legal education in the nineteenth century’ (1987) 8 The Journal of Legal History 244CrossRefGoogle Scholar; Stevens, R Law School Legal Education in America from the 1850s to the 1980s (Chapel Hill and London: The University of North Carolina Press, 1983)Google Scholar.

21 Langdell, CC A Selection of Cases on the Law of Contracts (Boston: Little, Brown, 2nd edn, 1879) p viiiGoogle Scholar.

22 Bartie, above n 15, at 348; Thomas, P Learning about Law Lecturing (Warwick: National Centre for Legal Education, 2000) p 2Google Scholar; Twining, W ‘Pericles and the plumber’ in Twining, W (ed) Law in Context: Enlarging a Discipline (Oxford: Oxford University Press, 1997)CrossRefGoogle Scholar; Bradney, A ‘Ivory towers and satanic mills: choices for university law schools’ (1992) 17 Studies in Higher Education 5CrossRefGoogle Scholar.

23 See, for example, Conaghan, above n 3, at p 185; R Van Gestel and H Micklitz Revitalizing Doctrinal Legal Research in Europe: What about Methodology? (2011) European University Institute Working Papers Law 2011/05; Easteal, P ‘Teaching about the nexus between law and society: from pedagogy to andragogy’ (2008) 18 Legal Education Review 163Google Scholar; McCrudden, C ‘Legal research and the social sciences’ (2006) 122 Law Quarterly Review 632Google Scholar; Cotterrell, R ‘Subverting orthodoxy, making law central: a view of sociolegal studies’ (2002) 29 Journal of Law and Society 632CrossRefGoogle Scholar; Leyland, P and Woods, T ‘From homogeneity to pluralism: the textbook tradition revisited’ (1999) 33 The Law Teacher 18CrossRefGoogle Scholar; Bradney, A ‘Law as a parasitic discipline’ (1998) 25 Journal of Law and Society 71CrossRefGoogle Scholar; Holmes, OW ‘The path of the law’ (1897) 10 Harvard Law Review 457Google Scholar, available at http://www.constitution.org/lrev/owh/path_law.htm (last accessed 4 July 2018). Salter and Mason list a total of 42 ‘main objections’ to the use of the doctrinal approach (with 20 points in its favour): Salter, M and Mason, J Writing Law Dissertations: An Introduction and Guide to the Conduct of Legal Research (London: Pearson Education, 2007) pp 109–118Google Scholar.

24 See for example Sanders, A ‘Poor thinking, poor outcome? The future of the law degree after the legal education and training review and the case for socio-legalism’ in Sommerlad, H et al. (eds) The Futures of Legal Education and the Legal Profession (Oxford: Hart, 2015)Google Scholar; Hutchinson and Duncan, above n 13; Bartie, above n 15; Cownie, F Legal Academics Culture and Identities (Oxford: Hart, 2004)Google Scholar; Vick, DW ‘Interdisciplinarity and the discipline of law’ (2004) 31 Journal of Law and Society 163CrossRefGoogle Scholar; Bradney, above n 23.

25 Webb, J ‘The “ambitious modesty” of Harold Arthur's humane professionalism’ (2006) 44 Osgoode Hall Law Journal 119 at 119Google Scholar; Sanders, above n 24; Banakar, R ‘Having one's cake and eating it: the paradox of contextualisation in socio-legal research’ (2011) 7 International Journal of Law in Context 487CrossRefGoogle Scholar; Bartie, above n 15; Vick, above n 24. For discussion in the US context see Krannitch, JM, Holbrook, JR and McAdams, JJ ‘Beyond “thinking like a lawyer” and the traditional legal paradigm: towards a comprehensive view of legal education’ (2009) 86 Denver University Law Review 381Google Scholar; Stropus, RK ‘Mend it, bend it, and extend it: the fate of traditional law school methodology in the 21st century’ (1996) 27 Loyola University of Chicago Law Journal 449Google Scholar.

26 Kahn-Freund, O ‘Reflections on legal education’ (1966) 29 Modern Law Review 121 at 121CrossRefGoogle Scholar.

27 Given this perception, it is perhaps unsurprising that there is little writing discussing emotions from a doctrinalist viewpoint. However, there is some literature on the impact of legal education on emotions more generally, which implicitly at least implicates the doctrinal tradition. This includes the classic polemic: Kennedy, D ‘Legal education and the reproduction of hierarchy’ (1982) 32 Journal of Legal Education 591Google Scholar; P Goodrich ‘Of Blackstone's tower: metaphors of distance and histories of the English law school’ in Birks, above n 13; Stanley, C ‘Training for the hierarchy? Reflections on the British experience of legal education’ (1998) 22 The Law Teacher 78CrossRefGoogle Scholar.

28 Bandes, S ‘Empathy, narrative, and victim impact statements’ (1996) 63(2) The University of Chicago Law Review 361 at 369CrossRefGoogle Scholar.

29 Sanders, above n 24, at p 143; Hutchinson and Duncan, above n 13, at 84; Bartie, above n 15, at 345; N Savage and G Watts ‘A house of intellect for the professions’ in Birks, above n 13; Stropus, above n 25; Edwards, H. ‘The growing disjuncture between legal education and the legal profession’ (1992) 91 Michigan Law Review 34CrossRefGoogle Scholar; Collini, above n 15, at p 301.

30 Hutchinson, T ‘Doctrinal research. Researching the jury’ in Watkins, D and Burton, M (eds) Research Methods in Law (London: Routledge, 2nd edn, 2013)Google Scholar; Krannitch et al, above n 25, at 381; James, C ‘Lawyers' wellbeing and professional legal education’ (2008) 42 The Law Teacher 85 at 91CrossRefGoogle Scholar; Stropus, above n 25, at 450.

31 It has been suggested that the term ‘liberal education’ can mean ‘all things to all men’ (Rothblatt, S Tradition and Change in English Legal Education. An Essay in History and Culture (London: Faber and Faber, 1976) p 195Google Scholar). See also Guth and Ashford, above n 13, at 6; Bradney, above n 13, at pp 31–32; Clark, SJ ‘Law school as liberal education’ (2013) 63 Journal of Legal Education 235Google Scholar; Green, K and Lim, H ‘A lib-lib pact: silences in legal education’ (1987) 21 The Law Teacher 256 at 256CrossRefGoogle Scholar.

32 Guth and Ashford, above n 13, at 6; Clark, above n 31; Bradney, A ‘English university law schools, the age of austerity and human flourishing’ (2011) 18 International Journal of the Legal Profession 59CrossRefGoogle Scholar; Burridge, R and Webb, J ‘The values of common law legal education: rethinking rules, responsibilities, relationships and roles in the law school’ (2007) 10 Legal Ethics 72CrossRefGoogle Scholar; Collier, R ‘The liberal law school, the restructured university and the paradox of socio-legal studies’ (2005) 68 Modern Law Review 475CrossRefGoogle Scholar; Brownsword, R ‘Law schools for lawyers, citizens and people’ in Cownie, F (ed) The Law School: Global Issues, Local Questions (Aldershot: Ashgate Publishing, 1999)Google Scholar; Nussbaum, M Cultivating Humanity A Classical Defense of Reform in Liberal Education (Cambridge, Massachusetts: Harvard University Press, 1997)Google Scholar; Bradney, A ‘Raising the drawbridge: defending university law schools’ (1995) 1 Web Journal of Current Legal IssuesGoogle Scholar; Newman, JH The Idea of a University Defined & Illustrated I. In nine discourses delivered to the Catholics of Dublin II. In Occasional Lectures and Essays Addressed to the Members of the Catholic University (London: Routledge, 1994)Google Scholar.

33 Cotterrell, above n 23, at 634; Brownsword, R ‘Where are all the law schools going?’ (1996) 30 The Law Teacher 1 at 7CrossRefGoogle Scholar; Mosesson, L ‘Are we asking the right questions?’ (1990) 20 The Law Teacher 16 at 18CrossRefGoogle Scholar.

34 Bradney (1995), above n 32; see also Burridge and Webb, above n 32 and Burridge, R and Webb, J ‘The values of common law legal education reprised’ (2008) 42 The Law Teacher 263 at 264CrossRefGoogle Scholar in relation to constructivist and experiential forms of learning.

35 An example of this approach is given in the report of the Lord Chancellor's Advisory Committee on Legal Education and Conduct (ACLEC) which states that a law degree ‘should stand as an independent legal education in the discipline of law, not tied to any specific vocation’; see also Jakab, A ‘Dilemmas of legal education: a comparative overview’ (2007) 57 Journal of Legal Education 253 at 253Google Scholar; Bradney, above n 13, p 43; Mosesson, above n 33, at 20; Webb, above n 25; Arthurs, HW ‘Half a league onward: the report of the lord chancellor's advisory committee on legal education and conduct’ (1997) 31 The Law Teacher 1CrossRefGoogle Scholar.

36 See for example Birks, P ‘The academic and the practitioner’ (1998) 18 Legal Studies 397CrossRefGoogle Scholar; Twining, W ‘Thinking about law schools: Rutland reviewed’ (1998) 25 Journal of Law and Society 1CrossRefGoogle Scholar; Hepple, above n 13; Twining, W Blackstone's Tower. The English Law School (London, Stevens & Sons/Sweet & Maxwell, 1994)Google Scholar; Webb, J ‘Looking to the future: the academy and the profession’ (1990) 24 The Law Teacher 120CrossRefGoogle Scholar.

37 Burridge and Webb, above n 34, at 264. The distinction between the two phrases does not appear to have been explored in detail in the literature on liberal legal education.

38 Burridge and Webb, above n 34, at 264. This is mirrored by other commentators such as Johnstone who refers to the law degree as preparing students for a useful role within society (Johnstone, G ‘Liberal ideals and vocational aims in university legal education’ (1999) 3 Web Journal of Current Legal IssuesGoogle Scholar) and Brownsword's reference to ‘intelligent participation in the politico-legal life of the community’ (Brownsword, above n 32, at p 29). In contrast, commentators such as Bradney, above n 13, and Nussbaum, above n 32, appear to focus more on the development of critical thinking faculties to enable the individual to ‘adhere to the principles of sceptical enquiry and individual responsibility’: Bradney, above n 13, at p 56.

39 The conflation of reason with intellect arguably illustrates what Schlag memorably described as ‘the enchantment of reason’ (see Schlag, P The Enchantment of Reason (Durham: Duke University Press, 1998)CrossRefGoogle Scholar.

40 Pue, WW ‘Legal education's mission’ (2008) 43 The Law Teacher 270 at 273CrossRefGoogle Scholar.

41 Johnstone, above n 38, argues that liberal legal education's focus on certain intellectual capacities can, in fact, prioritise these at the expense of other qualities such as ‘an ability to relate to oneself and others as persons’. There is significant evidence that emotions have been largely disregarded in the liberal tradition of education generally, see for example Hyland, T ‘Mindfulness-based interventions and the affective domain of education’ (2014) 40 Educational Studies 277CrossRefGoogle Scholar; Lynch, K ‘Carelessness: a hidden doxa in higher education’ (2010) 9 Arts & Humanities in Higher Education 54CrossRefGoogle Scholar; Grummell, B, Devine, D and Lynch, K ‘The care-less manager: gender, care and new managerialism in higher education’ (2009) 21 Gender and Education 191CrossRefGoogle Scholar. A notable exception in relation to legal education is provided by Webb in his 2006 article which proposes a constructivist, emotionally-engaged approach to learning that would enable law students to assess their own feelings, motivations and values in a way which allows them to tailor their education to their own needs and engage in deeper forms of learning (above n 25).

42 Descartes, R [Voss, SH (transl)] The Passions of the Soul (Indianapolis: Hackett Publishing, 1989)Google Scholar. This dualism between cognition and affect can also be traced back to Platonic concepts of the division of the soul (Plato Republic (Indianapolis: Hackett Publishing Company, 1974); Scherer, KR ‘On the rationality of emotions: or, when are emotions rational?’ (2011) 50 Social Science Information 330CrossRefGoogle Scholar; Coplan, A ‘Feeling without thinking: lessons from the ancients on emotions and virtue-acquisition’ (2010) 41 Metaphilosophy 132CrossRefGoogle Scholar.

43 Hey, V and Leathwood, C ‘Passionate attachments: higher education, policy, knowledge, emotion and social justice’ (2009) 22 Higher Education Policy 101 at 105CrossRefGoogle Scholar; Schutz, P et al. ‘Reflections on investigating emotion in educational activity settings’ (2006) 18 Educational Psychology Review 343 at 351CrossRefGoogle Scholar; Oatley et al, above n 2, at p 58; Solomon, RC ‘The philosophy of emotions’ in Lewis, M and Haviland-Jones, JM (eds) Handbook of Emotions (New York: The Guilford Press, 2nd edn, 2000) p 3Google Scholar.

44 This mirrors the wider divide between the cognitive and affective domains which has traditionally been accepted by scientists (Grossi, above n 3, at 55; Scherer, above n 42, at 332; Pessoa, L ‘On the relationship between emotion and cognition’ (2008) 9 Nature Reviews Neuroscience 148 at 148CrossRefGoogle ScholarPubMed).

45 Solomon, above n 43, at p 3. See also Damasio, A Descartes’ Error (London: Vintage, 2006) p 128Google Scholar.

46 This is well demonstrated by the paucity of literature in this area. In the first book-length treatment of legal education and the affective domain, editors Maharg and Maughan note that the topic is ‘relatively invisible’ in literature on legal education: Maharg, P and Maughan, C ‘Introduction’ in Maharg, P and Maughan, C (eds) Affect and Legal Education. Emotion in Learning and Teaching the Law (Aldershot: Ashgate Publishing, 2011) pp 1–10, at p 1Google Scholar).

47 See, for example, Coplan, above n 42; Kappas, A ‘Appraisals are direct, immediate, intuitive, and unwitting … and some are reflective ….’ (2006) 20 Cognition and Emotion 952CrossRefGoogle Scholar; Damasio, above n 45; Oatley et al, above n 2; Debes, R ‘Neither here nor there: the cognitive nature of emotion’ (2002) 146 Philosophical Studies 1CrossRefGoogle Scholar; Nussbaum, M Upheavals of Thought: The Intelligence of Emotions (Cambridge: Cambridge University Press, 2001)CrossRefGoogle Scholar; Averill, JR ‘Intelligence, emotion and creativity. From trichotomy to trinity’ in Bar-On, R and Parker, JDA (eds) Handbook of Emotional Intelligence: The Theory and Practice of Development Evaluation, Education and Implementation – at Home, School and in the Workplace (San Francisco: Jossey Bass, 2000) pp 277–298Google Scholar; Lazarus, RS ‘On the primacy of cognition’ (1984) 39 American Psychologist 124CrossRefGoogle Scholar.

48 Appraisal theories were originated by Magda Arnold (Arnold, MB Emotion and Personality. Volume 1 Psychological Aspects (London: Cassell & Company 1960)Google Scholar). For discussion of the various forms which have since developed see for example Moors, A ‘Flavours of appraisal theories of emotion’ (2014) 6 Emotion Review 303CrossRefGoogle Scholar; Ellsworth, PC ‘Appraisal theory: old and new questions’ (2013) 5 Emotion Review 125CrossRefGoogle Scholar; Oatley et al, above n 2, at pp 165–190.

49 Bandes and Blumenthal, above n 3, at 164.

50 Harris, AP and Schultz, MM ‘“A(nother) critique of pure reason”: toward civic virtue in legal education’ (1993) 45 Stanford Law Review 1773CrossRefGoogle Scholar.

51 Bandes and Blumenthal, above n 3, at 163–164.

52 Twining (1994), above n 36, at p 123.

53 For empirical work on this issue see Siems, MM and Sithigh, D Mac ‘Mapping legal research’ (2012) 71 Cambridge Law Journal 651CrossRefGoogle Scholar; Genn, H, Partington, M and Wheeler, S Law in the Real World: Improving our Understanding of How Law Works (London: Nuffield Foundation, 2006)Google Scholar; Cownie, above n 24, at pp 56–58. In the Australian context see Hutchinson and Duncan, above n 13.

54 For broad definitions of socio-legal studies, see for example Twining, above n 22, at p 23; Economic and Social Research Council Review of Socio-Legal Studies (1993); Sherr, A and Webb, J ‘Law students, the external market and socialization: do we make them turn to the city?’ (1989) 16 Journal of Law and Society 225 at 226CrossRefGoogle Scholar. In contrast, some earlier definitions focused more specifically on the relationship between law and the social sciences (Harris, DR ‘The development of socio-legal studies in the United Kingdom’ (1983) 3 Legal Studies 315 at 315CrossRefGoogle Scholar).

55 In terms of legal research, the Law Sub-Panel to the 2014 Research Excellence Framework commented on the ‘trend towards methodological diversity and interdisciplinarity as evidence of the growing sophistication of legal scholarship as a body of knowledge and understanding with wide-ranging insights, impacts and implications for the social world’ (Research Excellence Framework Overview report by Main Panel C and Sub-panels 16–26 (2014), available at https://www.ref.ac.uk/2014/media/ref/content/expanel/member/Main%20Panel%20C%20overview%20report.pdf (last accessed 10 July 2018) at p 72). See also Siems and Mac Sithigh, above n 53; Genn, Partington and Wheeler, above n 53; Cownie, F and Bradney, A ‘Gothic horror? A response to Margaret Thornton’ (2005) 14 Social & Legal Studies 277 at 282–283CrossRefGoogle Scholar. In terms of teaching, there appears to be little empirical evidence available, but Cownie's survey of legal academics (Cownie, above n 24, at pp 56–58) referred to both research and teaching styles and Guth and Ashford (above n 13, at 10) suggest that the current joint statement on the academic stage of training and its identification of foundation subjects demonstrates a continuing belief that subjects can be divided between those which are doctrinal and those which are socio-legal in nature.

56 There is some discussion in literature on empirical legal research of the role of both the researcher(s) and participant(s) emotions and feelings, but this is limited: see for example H McCosker, A Barnard and R Gerber ‘Undertaking sensitive research: issues and strategies for meeting the safety needs of all participants’ (2001) 2 Qualitative Social Research, Art 22, available at http://www.qualitative-research.net/index.php/fqs/article/view/983 (last accessed 10 July 2018).

57 Spain, above n 10, and Stannard, above n 10, are relevant examples in relation to criminal justice. In relation to the legal profession see Westaby, C ‘“Feeling like a sponge”: the emotional labour produced by solicitors in their interactions with clients seeking asylum’ (2010) 17 International Journal of the Legal Profession 153CrossRefGoogle Scholar; Harris, LC ‘The emotional labour of barristers: an exploration of emotional labour by status professionals’ (2002) 39 Journal of Management Studies 553CrossRefGoogle Scholar. For a useful, if somewhat dated, taxonomy of the field of law and emotion scholarship see Maroney, above n 1.

58 See n 46 above. Bromberger, writing in an Australian context, suggests that what literature there is largely focuses on the negative impact of legal education on law student well-being: see Bromberger, N ‘Enhancing law student learning – the nurturing teacher’ (2010) 20 Legal Education Review 45Google Scholar. However, even this topic is relatively unexplored in the UK.

59 Kennedy, above n 27, at 594. For other critiques see Goodrich, above n 27; Stanley, above n 27.

60 Sturm, SP ‘From gladiators to problem-solvers: connecting conversations about women, the academy and the legal profession’ (1998) 4 Duke Journal of Gender Law and Policy 119Google Scholar. For other critiques see Sturm, SP and Guinier, L ‘The law school matrix: reforming legal education in a culture of competition and conformity’ (2007) 60 Vanderbilt Law Review 515Google Scholar; Harris and Schultz, above n 50; Williams, SH ‘Legal education, feminist epistemology, and the Socratic method’ (1993) 45 Stanford Law Review 1571CrossRefGoogle Scholar; Menkel-Meadow, C ‘Feminist legal theory, critical legal studies, and legal education or “the fem-crits go to law school”’ (1988) 38 Journal of Legal Education 61Google Scholar.

61 See for example Rhode, DL ‘Missing questions: feminist perspectives on legal education’ (1993) 45 Stanford Law Review 1547CrossRefGoogle Scholar; for a survey of feminist critiques see Garner, DD ‘Socratic misogyny? Analysing feminist criticisms of Socratic teaching in legal education’ (2000) 4 Brigham Young University Law Review 1597Google Scholar.

62 See for example Wexler, DB ‘Two decades of therapeutic jurisprudence’ (2008) 24 Touro Law Review 17Google Scholar; Baker, G ‘Do you hear the knocking at the door? A “therapeutic” approach to enriching clinical legal education comes calling’ (2006) 28 Whittier Law Review 379Google Scholar; Gould, KK and Perlin, ML ‘“Johnny's in the basement/mixing up his medicine”: therapeutic jurisprudence and clinical teaching’ (2000) 24 Seattle University Law Review 339Google Scholar; Berkheiser, M ‘Frasier meets CLEA. therapeutic jurisprudence and law school clinics’ (1999) 5 Psychology, Public Policy, and Law 1147CrossRefGoogle Scholar.

63 Baker, above n 62, at 382.

64 Armitage, A et al. Teaching and Training in Post-Compulsory Education (Maidenhead: Open University Press, 2007)Google Scholar; Ramsden, P Learning to Teach in Higher Education (Abingdon and New York: Routledge Falmer, 2003) p 7Google Scholar; Jarvis, P ‘Teaching in a changing world’ in Jarvis, P, Holford, J and Griffin, C (eds) The Theory and Practice of Learning (London and Sterling: Kogan Page, 2nd edn, 2003)Google Scholar.

65 Ertmer, PA and Timothy, JN ‘Behaviorism, cognitivism, constructivism: comparing critical features from an instrumental design perspective’ (2013) 26 Performance Improvement Quarterly 43 at 58CrossRefGoogle Scholar; Kotzee, B ‘Seven posers in the constructivist classroom’ (2010) 8 London Review of Education 177 at 177CrossRefGoogle Scholar; Pritchard, A Ways of Learning. Learning Theories and Learning Styles in the Classroom (London: Routledge, 2nd edn, 2009) p 247Google Scholar; Powell, KC and Kalina, CJ ‘Cognitive and social constructivism: developing tools for an effective classroom’ (2009) 130 Education 141 at 147Google Scholar; Ertl, H and Wright, S ‘Reviewing the literature on the student learning experience in higher education’ (2008) 6 London Review of Education 195 at 203CrossRefGoogle Scholar; Cullen, J et al. Review of Current Pedagogic Research and Practice in the Fields of Post-Compulsory Education and Lifelong Learning. Final Report for ESRC by the Tavistock Institute (The Tavistock Institute, 2002) p 45Google Scholar.

66 Cownie, F ‘The importance of theory in law teaching’ (2000) 7 International Journal of the Legal Profession 225CrossRefGoogle Scholar; see also Ferris, who argues that an understanding of educational theory is becoming increasingly vital (Ferris, G ‘The legal educational continuum that is visible through a glass Dewey’ (2009) 43(2) The Law Teacher 102 at 108CrossRefGoogle Scholar) and Gray, J, ‘Thawing out the law school: why we need legal education theory’ (2012) 37 Alternative Law Journal 171CrossRefGoogle Scholar.

67 For recent discussions on problem-based learning see Grimes, R ‘Problem-based learning and legal education – a case study in integrated experiential study’ (2015) 13 REDU: Revista de Docencia Universitaria 361CrossRefGoogle Scholar; Sylvester, C ‘More questions than answers? A review of the effectiveness of inquiry-based learning in higher education’ (2015) 10 Journal of Commonwealth Law and Legal Education 21Google Scholar.

68 Ertmer and Timothy, above n 65, at 56.

69 Kotzee, above n 65, at 178–179; Boghossian, P ‘Behaviorism, constructivism, and Socratic pedagogy’ (2006) 38 Educational Philosophy and Theory 713CrossRefGoogle Scholar.

70 Ertmer and Timothy, above n 65, at 54; Wangerin, PT ‘Objective, multiplistic and relative truth in developmental psychology and legal education’ (1988) 62 Tulane Law Review 1237Google Scholar.

71 Pons, F, de Rosnay, M and Cuisinier, F ‘Cognition and emotion’ in Aukrust, VG (ed) Learning and Cognition in Education (Oxford: Elsevier, 2011)Google Scholar; Immordino-Yang, MH and Damasio, A ‘We feel, therefore we learn: the relevance of affective and social neuroscience to education’ (2011) 5 LEARNing Landscapes 115Google Scholar; Jonassen, DH ‘Objectivism versus constructivism: do we need a new philosophical paradigm?’ (1991) 39 Educational Technology Research and Development 5CrossRefGoogle Scholar.

72 Gates, GS ‘The socialization of feelings in undergraduate education: a study of emotional management (2000) 34 College Student Journal 485 at 502Google Scholar; see also Garrison, J ‘Toward a pragmatic social constructivism’ in Larochelle, M, Bednarz, N and Garrison, J (eds) Constructivism and Education (Cambridge: Cambridge University Press, 1998)Google Scholar.

73 See for example Watkins, D ‘The role of narratives in legal education’ (2011) 32(2) Liverpool Law Review 112CrossRefGoogle Scholar; Blissenden, M ‘Using storytelling as a teaching model in law school: the experience in an Australian context’ (2007) 41(3) The International Journal of Legal Education 260Google Scholar. In relation to storytelling, Blissenden argues that ‘Such an approach not only enriches the classroom learning environment but also provides an opportunity for students to develop social and interpersonal skills…’ (at 265).

74 P Allott ‘Glum law’ (1987) Times Higher Education Supplement, 21 August, at 9.

75 Curzon, LB Teaching in Further Education: An Outline of Principles and Practice (London: Continuum, 3rd edn, 2004) p 36Google Scholar; see also Armitage, above n 64, at p 72; Bredo, E ‘The social construction of learning’ in Pyhe, GD (ed) Handbook of Academic Learning (London: Academic Press Ltd, 1997) pp 3–45 at p 16CrossRefGoogle Scholar.

76 Pritchard, above n 65, at p 14; Illeris, K ‘Introduction’ in Illeris, K (ed) Contemporary Theories of Learning (Abingdon, Routledge, 2009) p 3Google Scholar; Boghossian, above n 69, at 713.

77 Ertmer and Timothy, above n 65, at 51; Yilmaz, K ‘The cognitive perspective on learning: its theoretical underpinnings and implications for classroom practices’ (2011) 84 The Clearing House: A Journal of Educational Strategies, Issues and Ideas 204CrossRefGoogle Scholar; Bredo, above n 75, at p 29.

78 See for example Vanistendael, H ‘Designing a humanistic legal education’ (2009) 3 European Journal of Legal Education 59CrossRefGoogle Scholar; Maharg, P ‘Rogers, constructivism and jurisprudence: educational critique and the legal curriculum’ (2000) 7 International Journal of the Legal Profession 189CrossRefGoogle Scholar.

79 This is epitomised by the work of a key contributor to the humanist tradition, Carl Rogers, in particular in his works Rogers, CR ‘Personal thoughts on teaching and learning’ (1957) 3 Merrill-Palmer Quarterly 243Google Scholar; Rogers, CR Freedom to Learn for the 80s (New York: Macmillan, 1983)Google Scholar; see also Postle, D ‘Putting heart back into learning’ in Boud, D, Cohen, R and Walker, D (eds) Using Experience for Learning (Bristol, PA: Society for Research in Higher Education, 1993)Google Scholar; Heron, J Feeling and Personhood. Psychology in Another Key (London, Sage Publications, 1992)Google Scholar.

80 Knowles, M The Modern Practice of Adult Education: From Pedagogy to Andragogy (Engelwood Cliffs, Cambridge Adult Education, 1984) pp 55–56Google Scholar; see also McIntosh, A ‘Humanist learning theories’ in McKintosh-Scott, A, Gidman, J and Mason-Whitehead, E (eds) Key Concepts in Healthcare Education (London: Sage Publications, 2010)Google Scholar.

81 Gregory, J ‘Experiential learning’ in Jarvis, P (ed) The Theory and Practice of Teaching (Abingdon: Routledge, 2nd edn, 2006) p 114 at p 115Google Scholar.

82 Naude, L, van den Burgh, TJ and Kruger, IS ‘“Learning to like learning”: an appreciative inquiry into emotions in education’ (2014) 17 Social Psychology Education 211 at 211Google Scholar.

83 Pekrun, R and Linnenbrink-Garcia, L ‘Introduction to emotions in education’ in Pekrun, R and Linnenbrink-Garcia, L (eds) International Handbook of Emotions in Education (London and New York: Routledge, 2014) p 1Google Scholar.

84 Collaborative for Academic, Social and Emotional Learning What is Social and Emotional Learning? (2015), available at http://www.casel.org/social-and-emotional-learning/ (last accessed 5 July 2018); see also Elias, MJ Academic and Social-Emotional Learning. Educational Practices Series – 11 (Chicago: International Academy of Education and International Bureau of Education, 2003)Google Scholar.

85 Collaborative for Academic, Social and Emotional Learning (2015b) Outcomes Associated with the Five Competencies, http://www.casel.org/social-and-emotional-learning/outcomes (accessed 30 December 2015).

86 Durlak, JA et al. ‘The impact of enhancing students’ social and emotional learning: a meta-analysis of school-based universal interventions’ (2011) 82 Child Development 405 at 417CrossRefGoogle ScholarPubMed; see also Payton, J et al. The Positive Impact of Social and Emotional Learning for Kindergarten to Eight-grade Students. Findings from Three Scientific Reviews (Chicago: Collaborative for Academic, Social, and Emotional Learning, 2008)Google Scholar; National Institute for Health Clinical Excellence Promoting Children's Social and Emotional Wellbeing in Primary Education (2008) 12, available at https://www.nice.org.uk/guidance/ph12/chapter/Introduction (last accessed 5 July 2018).

87 Following the 2010 general election this support seems to have been withdrawn, although SEAL remains widely used see J Casey A Critical Literature Review. Should the Social and Emotional Aspects of Learning (SEAL) Programme Continue to be Used in Schools, as a Mechanism for Promoting Attainment? (2011) pp 5–6, available at http://sealcommunity.org/files/member_resources/SEAL%20evidence%20review.pdf (last accessed 5 July 2018); T Bywater and J Sharples ‘Effective evidence-based interventions for emotional well-being: lessons for policy and practice’ (2012) 27 Research Papers in Education 389 at 393.

88 Bannerjee, R, Weare, K and Farr, W ‘Working with “social and emotional aspects of learning” (SEAL): associations with school ethos, pupil social experiences, attendance and attainment’ (2014) 40 British Educational Research Journal 718 at 721CrossRefGoogle Scholar; Bywater and Sharples, above n 87, at 392.

89 K Weare and G Gray What Works in Developing Children's Emotional and Social Competence and Wellbeing? Research Report RR456 (Department for Education and Skills, 2003), available at http://webarchive.nationalarchives.gov.uk/20130401151715/http://www.education.gov.uk/publications/eOrderingDownload/RR456.pdf (last accessed 5 July 2018).

90 N Humphrey, A Lendrum and M Wigelsworth Social and Emotional Aspects of Learning (SEAL) Programme in Secondary Schools: National Evaluation Research Report RR049 (Department for Education, 2010), available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/181718/DFE-RR049.pdf (last accessed 5 July 2018) p 90.

91 Humphrey et al, above n 90, at p 91.

92 Bannerjee et al, above n 88, at 719; see also Humphrey et al, above n 90, at p 102; P Smith et al Secondary Social, Emotional and Behavioural Skills Pilot Evaluation Research Report RR003 (Department for Children, Schools and Families, 2007), available at http://eprints.whiterose.ac.uk/73993/1/Secondary_SEBS_Pilot_Evaluation_Research_Report.pdf (last accessed 5 July 2018); S Hallam, J Rhamie and J Shaw Evaluation of the Primary Behaviour and Attendance Pilot, Research Report 717 (Department for Education and Skills, 2006), available at http://sealcommunity.org/files/resources/Evaluation%20of%20the%20primary%20behaviour%20and%20attendance%20pilot.pdf (last accessed 4 July 2018).

93 Bannerjee et al, above n 88, at 735.

94 C Leathwood and V Hey ‘Gender/ed discourses and emotional sub-texts: theorising emotion in UK higher education’ (2009) 14 Teaching in Higher Education 429 at 429.

95 Leathwood and Hey, above n 94, at 429; see also Lynch, above n 41.

96 Ecclestone, K ‘Emotionally-vulnerable subjects and new inequalities: the educational implications of an “epistemology of the emotions”’ (2011) 21 International Studies in Sociology of Education 91CrossRefGoogle Scholar; Ecclestone, K, Hayes, D and Furedi, F ‘Knowing me, knowing you: the rise of therapeutic professionalism in the education of adults’ (2005) 37 Studies in the Education of Adults 182CrossRefGoogle Scholar; Ecclestone, K ‘Learning or therapy? The demoralisation of education’ (2004) 52 British Journal of Educational Studies 112CrossRefGoogle Scholar; Ecclestone, K ‘Developing self-esteem and emotional well-being – inclusion or intrusion?’ (2004) 16 Adult Learning 11Google Scholar; see also F Furedi ‘The silent ascendancy of therapeutic culture in Britain (2002) 39 Society 16.

97 Ecclestone (2011), above n 96, at 94.

98 Beard, C, Clegg, S and Smith, K ‘Acknowledging the affective in higher education’ (2007) 33 British Educational Research Journal 235 at 236CrossRefGoogle Scholar.

99 Beard et al, above n 98; Naude et al, above n 82.

100 See the papers in Maharg and Maughan, above n 46, and the discussions of humanist theory above n 67.

101 Wangerin, above n 70.

102 Ibid.

103 There is a largely US-based body of work which seeks to argue for legal education to acknowledge less traditional forms of intelligence (referred to as multiple intelligences), see for example Dauphinais, KA ‘Valuing and nurturing multiple intelligences in legal education: a paradigm shift’ (2005) 11 Washington and Lee Race and Ethnic Ancestry Law Review 1Google Scholar; James, C ‘Seeing things as we are. Emotional intelligence and clinical legal education’ (2005) 9 International Journal of Clinical Legal Education 123Google Scholar; Weinstein, L ‘Testing multiple intelligences: comparing evaluation by simulation and written exam’ (2002) 8 Clinical Law Review 247Google Scholar; Silver, MA ‘Emotional intelligence and legal education’ (1999) 5 Psychology, Public Policy and Law 1173CrossRefGoogle Scholar.

104 Chamorro-Premuzic, T et al. ‘Soft skills in higher education: importance and improvement ratings as a function of individual differences and academic performance’ (2010) 30 Educational Psychology: An International Journal of Experimental Educational Psychology 221 at 222CrossRefGoogle Scholar; Barrie, SC ‘Understanding what we mean by the generic attributes of graduates’ (2006) 51 Higher Education 215CrossRefGoogle Scholar; Bennett, N, Dunne, E and Carre, C ‘Patterns of core and generic skill provision in higher education’ (1971) 37 Higher Education 71CrossRefGoogle Scholar.

105 Smith, A and Webster, F ‘Changing ideas of the university’ in Smith, A and Webster, F (eds) The Postmodern University? Contested Visions of Higher Education in Society (Buckingham and Philadelphia: Society for Research into Higher Education and the Open University Press, 1997) p 2Google Scholar. The 1963 report of the Committee on Higher Education (commonly known as ‘the Robbins Report’) indicated that in 1962, 7% of the population remained in education at the age of 19 (Committee on Higher Education (1963) Higher Education Report, Cmnd 2154). Between 2009 and 2012, 44% of all 18–24 year olds were in full time education: Department for Business, Innovation & Skills Analysis of Young People in Full-Time Education and Employment: April – June 2014 (2014), available at https://www.gov.uk/government/statistics/young-people-in-full-time-education-and-employment-april-to-june-2014 (last accessed 5 July 2018).

106 For discussion of the impact of neo-liberalism on law schools in UK and Australia see for example Collier, R ‘“Love law, love life”: neoliberalism, wellbeing and gender in the legal profession – the case of law school’ (2014) 17 Legal Ethics 202CrossRefGoogle Scholar; Thornton, M ‘Legal education in the corporate university’ (2014) 10 The Annual Review of Law and Social Science 19CrossRefGoogle Scholar; Collier, R ‘Privatizing the university and the new political economy of socio-legal studies: remaking the (legal) academic subject’ (2013) 40 Journal of Law and Society 450CrossRefGoogle Scholar; Thornton, M ‘The new knowledge economy and the transformation of the law discipline’ (2012) 19 International Journal of the Legal Profession 265CrossRefGoogle Scholar; Thornton, M Privatising the Public University: The Case of Law (Abingdon: Routledge, 2011)Google Scholar; Lynch, K ‘Neoliberalism and marketisation: the implications for higher education’ (2006) 5 European Education Research Journal 1CrossRefGoogle Scholar; Collier, R ‘The liberal law school, the restructured university and the paradox of socio-legal studies’ (2005) 68 Modern Law Review 475CrossRefGoogle Scholar; Thornton, M ‘Gothic horror in the legal academy’ (2005) 14 Social & Legal Studies 267CrossRefGoogle Scholar; Thornton, M ‘Among the ruins: law in the neo-liberal academy’ (2001a) 20 Windsor Yearbook of Access to Justice 3Google Scholar; Thornton, M ‘The demise of diversity in legal education: globalisation and the new knowledge economy” (2001b) 8 International Journal of the Legal Profession 37CrossRefGoogle Scholar.

107 Joshee, R ‘Neoliberalism versus social justice: a view from Canada’ in Hopson, RK, Yeakey, CC and Boakary, FM (eds) Power, Voice and the Public Good: Schooling and Education in Global Societies (Bingley: Emerald Group Publishing, 2008) p 56Google Scholar; see also Bessant, SEF, Robinson, ZP and Ormerod, RM ‘Neoliberalism, new public management and the sustainable development agenda of higher education: history, contradictions and synergies’ (2015) 21 Environmental Education Research 417CrossRefGoogle Scholar; Ball, M ‘Learning, labour and employability’ (2009) 41 Studies in the Education of Adults 39CrossRefGoogle Scholar.

108 National Committee of Inquiry into Higher Education Higher Education in the Learning Society (1997), available at http://www.educationengland.org.uk/documents/dearing1997/dearing1997.html (last accessed 5 July 2018) p 3.

109 Department for Business, Innovation & Skills Success as a Knowledge Economy. Teaching Excellence, Social Mobility and Student Choice (2016), available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/523546/bis-16-265-success-as-a-knowledge-economy-web.pdf (last accessed 5 July 2018) p 8.

110 A notable example of this is included in the Department for Business, Innovation & Skills’ 2016 White Paper on higher education where it uses the term ‘teaching’ ‘to include learning environments, student support, course design, career preparation and “soft skills”, as well as what happens in the lecture theatre or lab’: ibid.

111 J Andrews and H Higson ‘Graduate employability, “soft skills” versus “hard” business knowledge: a European study’ (2008) 33 Higher Education in Europe 411 at 419; see also Chamorro-Premuzic et al, above n 104, at 222; Bennett et al, above n 104, at 78.

112 Baker, G and Henson, D ‘Promoting employability skills development in a research-intensive university’ (2010) 52 Education + Training 62Google Scholar; Boden, R and Nedeva, M ‘Employing discourse: universities and graduate “employability”’ (2010) 25 Journal of Education Policy 37CrossRefGoogle Scholar; Cranmer, S ‘Enhancing graduate employability: best intentions and mixed outcomes’ (2006) 31 Studies in Higher Education 169CrossRefGoogle Scholar; Drummond, I, Nixon, I and Wiltshire, J ‘Personal transferable skills in higher education: the problems of implementing good practice’ (1998) 6 Quality Assurance in Education 19CrossRefGoogle Scholar.

113 In 1965 it was reported that a total of 23 law schools in the UK were offering full degrees (Wilson, JF ‘Survey of legal education in the United Kingdom’ (1966) 9 Journal of the Society of Public Teachers of Law (NS) 1, at 13Google Scholar). By 1975 this had risen to 30 universities and 19 polytechnics and other institutions maintained by local authorities (Wilson, JF and Marsh, FB ‘A second survey of legal education in the United Kingdom’ (1975) 13 Journal of the Society of Public Teachers of Law (NS) 239 at 243Google Scholar). In 2013 it was reported that there were over 600 qualifying law degree courses being offered across the UK and the Republic of Ireland: Legal Education and Training Review Setting Standards. The Future of Legal Services Education and Training Regulation in England and Wales (2013) para 2.11, available at http://www.letr.org.uk/the-report/index.html (last accessed 5 July 2018).

114 Quality Assurance Agency Subject Benchmark Statement Law (2015) p 8, available at http://www.qaa.ac.uk/docs/qaa/subject-benchmark-statements/sbs-law-15.pdf?sfvrsn=ff99f781_8 (accessed 5 July 2018).

115 Legal Education and Training Review, above n 113.

116 Legal Education and Training Review, above n 113, at paras 4.83 and table 4.3.

117 Legal Education and Training Review, above n 113, at para 2.93.

118 Quality Assurance Agency, above n 114, at p 7.

119 The ‘knowledge economy’ has been described as requiring skilled workers who can adapt to the needs of the economy and maximise its profitability (Levidow, L ‘Marketizing higher education: neoliberal strategies and counter-strategies’ in Robins, K and Webster, F (eds) The Virtual University? Knowledge, Markets and Management (Oxford: Oxford University Press, 2002) p 227 at p 229Google Scholar; see also Holborow, M ‘Neoliberalism, human capital and the skills agenda in higher education – the Irish case’ (2012) 10 Journal for Critical Education Policy Studies 93 at 94 and Barrie, above n 104, at 216Google Scholar.

120 The two models commonly referred to are proposed by Salovey and Mayer (see for example Salovey, P and Mayer, JD ‘Emotional intelligence’ (1990) 9 Imagination, Cognition and Personality 185CrossRefGoogle Scholar) and Goleman (see for example Goleman, D Emotional Intelligence (London: Bloomsbury, 1996)Google Scholar) although a number of others exist (see for example Bar-On, R ‘Emotional and social intelligence: insights from the emotional quotient inventory’ in Bar-On, R and Parker, JDA (eds) Handbook of Emotional Intelligence: The Theory and Practice of Development Evaluation, Education and Implementation – at Home, School and in the Workplace (San Francisco: Jossey Bass, 2000) pp 3363–3389Google Scholar).

121 Goleman, D Working with Emotional Intelligence (London: Bloomsbury, 1998)Google Scholar; RE Boyatzis, D Goleman and K Rhee ‘Clustering competence in emotional intelligence: insights from the emotional competence inventory’ in Bar-On and Parker, above n 120, p 343 at p 345.

122 Boyatzis, Goleman and Rhee, above n 121, p 355.

123 Ibid.

124 See for example Murphy, KA and Sideman, L ‘The two eis’ in Murphy, KA (ed) A Critique of Emotional Intelligence. What Are the Problems and How Can They Be Fixed? (London: Lawrence Erlbaum Associates, 2006)Google Scholar; Waterhouse, L ‘Multiple intelligences, the Mozart effect and emotional intelligence: a critical review’ (2006) 41 Educational Psychologist 207CrossRefGoogle Scholar; Waterhouse, L ‘Inadequate evidence for multiple intelligences, the Mozart effect and emotional intelligence theories’ (2006) 41 Educational Psychologist 247CrossRefGoogle Scholar.

125 See for example Maguire, R et al. ‘Engaging students emotionally: the role of emotional intelligence in predicting cognitive and affective engagement in higher education’ (2016) Higher Education Research & Development 1Google Scholar; Pertegel-Felices, ML, Castejon-Costa, JL and Jimeno-Morenilla, A ‘Differences between the personal, social and emotional profiles of teaching and computer engineering professionals and students’ (2014) 39 Studies in Higher Education 1185CrossRefGoogle Scholar; Dacre Pool, L and Qualter, P ‘Emotional self-efficacy, graduate employability, and career satisfaction: testing the associations’ (2013) 65 Australian Journal of Psychology 214CrossRefGoogle Scholar; Nelis, D et al. ‘Increasing emotional competence improves psychological and physical well-being, social relationships, and employability’ (2011) 11 Emotion 354CrossRefGoogle ScholarPubMed.

126 Montgomery, JE ‘Incorporating emotional intelligence concepts into legal education: strengthening the professionalism of law students’ (2008) 39 University of Toledo Law Review 323Google Scholar; Davis, PC and Francois, AB ‘Making law students healthy, skillful and wise’ (2005) 56 New York Law School Review 487Google Scholar; Cain, PJ ‘A first step toward introducing emotional intelligence into the law school curriculum: the “emotional intelligence and the clinical student” class’ (2003) 14 Legal Education Review 1Google Scholar.

127 Silver, above n 103, at 1174; see also James, above n 30, at 95; see also James, above n 103.

128 James, C ‘Lawyer dissatisfaction, emotional wellbeing and clinical legal education’ (2008) 18 Legal Education Review 123 at 132Google Scholar.

129 Finch, E and Fafinski, S Employability Skills for Law Students (Oxford: Oxford University Press, 2014) pp 62–63CrossRefGoogle Scholar; Boyatzis, Goleman and Rhee, above n 121; Goleman, above n 121.

130 Legal Education and Training Review, above n 113, at para 2.97.

131 Legal Education and Training Review, above n 113, at para 2.103.

132 Harris, P and Jones, M ‘A survey of law schools in the United Kingdom, 1996’ (1997) 31 The Law Teacher 38 at 49CrossRefGoogle Scholar.

133 Harris, P and Beinart, S ‘A survey of law schools in the United Kingdom, 2005’ (2005) 39 The Law Teacher 299 at 309–310CrossRefGoogle Scholar.

134 See in relation to higher education generally Bridges, D ‘Transferable skills: a philosophical perspective’ (1993) 18 Studies in Higher Education 43CrossRefGoogle Scholar. In relation to legal education see Ragavan, SK ‘Acquiring skills for a globalised world through a peer mentoring scheme: a UK law school experience’ (2012) 46 The Law Teacher 15CrossRefGoogle Scholar; Bell, J ‘Key skills in the law curriculum and self-assessment’ (2000) 34 The Law Teacher 175CrossRefGoogle Scholar.

135 Bradney, A ‘The place for teaching professional legal skills in UK university law schools’ (1987) 5 Journal of Professional Legal Education 125 at 130Google Scholar.

136 Thornton (2001a), above n 106, at 10.

137 See n 106 above and Cownie and Bradney, above n 55.

138 Rigg, D ‘Embedding employability in assessment: searching for the balance between academic learning and skills development in law: a case study’ (2013) 47 The Law Teacher 404 at 410CrossRefGoogle Scholar.

139 M Hardee The Cohort Study of the Career Expectations of Students on Qualifying Law Degrees in England and Wales (2016), available at http://ials.sas.ac.uk/sites/default/files/files/About%20us/Leadership%20%26%20Collaboration/LERN/LERN_Hardee.pdf (last accessed 5 July 2018); M Hardee Career Expectations of Students on Qualifying Law Degrees in England and Wales (The Higher Education Academy, 2012), available at https://www.heacademy.ac.uk/system/files/resources/hardee-report-2012.pdf (last accessed 5 July 2018); Purcell, K and Pitcher, J Great Expectations: The New Diversity of Graduate Skills and Aspirations (Institute for Employment Research/Association of Graduate Careers Advisory Services/Higher Education Central Services Unit, 1996)Google Scholar; Halpern, D Entry into the Legal Professions The Law Student Cohort Study Years 1 and 2 Research Study No 15 (London: The Law Society, 1994)Google Scholar.

140 Brayne, H, Duncan, N and Grimes, R Clinical Legal Education. Active Learning in your Law School (London: Blackstone Press, 1998)Google Scholar.

141 See n 62 above; see also Nicolson, D ‘Calling, character and clinical legal education: a cradle to grave approach to inculcating a love for justice’ (2013) 16 Legal Ethics 36CrossRefGoogle Scholar; Brooks, SL ‘Practicing (and teaching) therapeutic jurisprudence: importing social work principles and techniques into clinical legal education’ (2006) 17 St Thomas Law Journal 513Google Scholar; Brooks, SL ‘Using therapeutic jurisprudence to build effective relationships with students, clients and communities’ (2006) 13 Clinical Law Review 213Google Scholar.

142 Hall, J and Kerrigan, K ‘Clinic and the wider law curriculum’ (2011) 16 International Journal of Clinical Legal Education 25Google Scholar.

143 Dodge, R et al. ‘The challenge of defining wellbeing’ (2012) 2 International Journal of Wellbeing 222CrossRefGoogle Scholar. At its broadest, it can include physical, psychological and spiritual health and social connectedness and there is evidence that all of these elements are linked, see for example Skread, NK and Rogers, SL ‘Do law students stand apart from other university students in their quest for mental health: A comparative study on well-being and associated behaviours in law and psychology students’ (2015) 42–43 International Journal of Law and Psychiatry 81CrossRefGoogle Scholar; Skread, NK and Rogers, SL ‘Stress, anxiety and depression in law students: how student behaviours affect student wellbeing’ (2014) 40 Monash University Law Review 564 at 565Google Scholar; Galloway, K et al. ‘Approaches to student support in the first year of law school’ (2011) 21 Legal Education Review 235 at 247Google Scholar; Tani, M and Vines, P ‘Law students' attitudes to education: pointers to depression in the legal academy and the profession?’ (2009) 19 Legal Education Review 3 at 25Google Scholar; Kelk, N et al. Courting the Blues: Attitudes Towards Depression in Australian Law Students and Lawyers (Sydney: Brain & Mind Research Institute, 2009) p 3Google Scholar; Sheldon, KS and Krieger, LS ‘Understanding the negative effects of legal education on law students: a longitudinal study of self-determination theory’ (2007) 33 Personality and Social Psychology Bulletin 883 at 885CrossRefGoogle ScholarPubMed; Siptroth, SM ‘Forming the human person: can the seminary model save the legal profession?’ (2007) 1 Brigham Young University Education and Law Journal 181 at 181Google Scholar; Glesner, BA ‘Fear and loathing in the law schools’ (1991) 23 Connecticut Law Review 627 at 631Google Scholar.

144 Bradburn, N The Structure of Psychological Well-being (Chicago: Aldine, 1969)Google Scholar.

145 J Beaumont Measuring National Well-being – Discussion Paper on Domains and Measures (Office for National Statistics, 2011)p 5, available at http://www.ons.gov.uk/ons/dcp171766_240726.pdf (last accessed 5 July 2018).

146 Eger, RJ and Maridal, JH ‘A statistical meta-analysis of the wellbeing literature’ (2015) 5 International Journal of Wellbeing 45 at 46CrossRefGoogle Scholar.

147 Although a number of UK studies specifically in relation to legal education appear to be underway, at the time of writing, only two published pieces of relevance could be located. The most recent is Strevens, C and Wilson, C ‘Law student wellbeing in the UK: a call for curriculum intervention’ (2016) 11(1) Journal of Commonwealth Law and Legal Education 44Google Scholar, which focuses on the use of self-determination theory. An earlier piece is a study by P Childs Autonomy and the Ability to Learn Project Report (2004). However, the limited number of participants (24) and restricted focus make it of little value in considering emotional well-being in the law school more widely. For studies on student well-being generally see Macaskill, A ‘The mental health of university students in the United Kingdom’ (2013) 41 British Journal of Guidance and Counselling 426CrossRefGoogle Scholar; Ansari, WE et al. ‘Feeling healthy? A survey of physical and psychological wellbeing of students from seven universities in the UK’ (2011) 8 International Journal of Environmental Research and Public Health 1308CrossRefGoogle ScholarPubMed; Royal College of Psychiatrists Mental Health of Students in Higher Education, College Report CR166 (2011), available at http://www.rcpsych.ac.uk/files/pdfversion/CR166.pdf (last accessed 4 July 2018); M Yorke and B Longden The First-year Experience of Higher Education in the UK (The Higher Education Academy, 2008), available at https://www.heacademy.ac.uk/sites/default/files/fyefinalreport_0.pdf (last accessed 5 July 2018).

148 Bradney, A ‘Can there be commensurability in comparative legal education?’ (2007) 1 Canadian Legal Education Annual Review 67Google Scholar.

149 Dresser, L ‘Promoting psychological health in law students’ (2005) 24 Legal Reference Services Quarterly 41 at 42CrossRefGoogle Scholar.

150 See for example Hedegard, M ‘The impact of legal education: an in-depth examination of career-relevant interests, attitudes, and personality traits among first-year law students’ (1979) 4 American Bar Foundation Research Journal 791Google Scholar; Solkoff, N ‘The use of personality and attitude tests in predicting the academic success of medical and law students’ (1968) 43 Journal of Medical Education 1250Google ScholarPubMed.

151 Shanfield, S and Benjamin, GAH ‘Psychological distress among medical and law students’ (1985) 35 Journal of Legal Education 65 at 65Google Scholar; see also Benjamin, GAH et al. ‘The role of legal education in producing psychological distress among law students and lawyers’ (1986) 11 Law & Social Inquiry 225CrossRefGoogle Scholar.

152 Sheldon, KM and Krieger, LS ‘Does legal education have undermining effects on law students? Evaluating changes in motivation, values, and well-being’ (2004) 22 Behavioral Sciences and the Law 261CrossRefGoogle ScholarPubMed.

153 Sheldon and Krieger, above n 152, at 271.

154 Sheldon and Krieger, above n 152, at 275.

155 Sheldon and Krieger, above n 152, at 272. Sheldon and Krieger's 2007 study (above n 143) was a longitudinal three-year study, again with cohorts from two US law schools which indicated similar results and demonstrated a decline in subjective well-being during the students’ time at law school. For similar findings in Canada see Pritchard, ME and McIntosh, DN ‘What predicts adjustment among law students? A longitudinal panel study’ (2003) 143 The Journal of Social Psychology 727CrossRefGoogle Scholar.

156 Council of Australian Law Deans Promoting Law-Student Well-being. Good Practice Guidelines for Law Schools (2013) http://www.utas.edu.au/__data/assets/pdf_file/0005/422969/Promoting-Law-Student-Well-Being-Good-Practice-Guidelines-for-Law-Schools1.pdf (last accessed 12 July 2018); see also http://www.tjmf.org.au/.

157 Kelk, above n 143, at p 42. The questionnaire administered identified that 35.4% of the law students surveyed reported suffering high or very high levels of psychological distress in the last 30 days, compared to 13% of 18–34-year-olds overall in the Australian population (p 12). 46.9% of law students surveyed also reported that they had experienced depression, although 39.4% stated that they would not seek help from a professional if they were depressed (pp 14 and 20). Of those students who had suffered depression, 80.6% viewed their study as a contributing factor (the next highest factor was work at 54%) (p 34).

158 Kelk, above n 143, at p 42.

159 Bergin, A and Pakenham, K ‘Law student stress: relationships between academic demands, social isolation, career pressure, study/life imbalance and adjustment outcomes in law students’ (2015) 22 Psychiatry, Psychology and Law 388CrossRefGoogle Scholar; Lester, A, England, L and Antolak-Saper, N ‘Health and wellbeing in the first year. The law school experience’ (2011) 36 Alternative Law Journal 47CrossRefGoogle Scholar.

160 See Bergin and Pakenham, above n 159; Lester et al, above n 159; Kelk et al above, n 143; Sheldon and Krieger, above n 152; Pritchard and McIntosh, above n 155, and Benjamin et al, above n 151.

161 Larcombe, W, Finch, S and Sore, R ‘Who's distressed? Not only law students: psychological distress levels in university students across diverse fields of study’ (2015) 37 Sydney Law Review 243 at 243Google Scholar.

162 Larcombe et al, above n 161, at 265.

163 Larcombe et al, above n 161, at 256.

164 Larcombe et al, above n 161, at 264. The suggestion has also been made that the evidence is based on self-report by law students who may be trying to comply with cultural norms which view the law as requiring hard work and stress: Glenn, P ‘Some thoughts about developing constructive approaches to lawyer and law student distress’ (1995) 10 Journal of Law & Health 69 at 69Google Scholar.

165 Skread and Rogers (2015), above n 143, at 89.

166 Skread, NK and Rogers, SL ‘Stress, anxiety and depression in law students: how student behaviours affect student wellbeing’ (2014) 30 Monash University Law Review 564 at 566Google Scholar; Dresser, above n 149, at 46; Allen, J and Baron, P ‘Buttercup goes to law school. Student wellbeing in stressed law schools’ (2004) 29 Alternative Law Journal 285CrossRefGoogle Scholar.

167 Huggins, A ‘Autonomy supportive curriculum design: a salient factor in promoting law students’ wellbeing’ (2012) 35 University of New South Wales Law Journal 683Google Scholar; Tani and Vines, above n 143, at 31; Sheldon and Krieger, above n 143, at 895; Krieger, LS ‘Institutional denial about the dark side of law school and fresh empirical guidance for constructively breaking the silence’ (2002) 52 Journal of Legal Education 112Google Scholar. Fitzgerald, M ‘Rites of passage. The impact of teaching methods on first year law students’ (2008) 42(1) The International Journal of Legal Education 60Google Scholar found similar issues arising in the Canadian setting, leading her to conclude that each law professor needed to ‘recognize and own their own unique contribution toward helping each lawyer [become] a caring, compassionate, contributing and happy human being’ (at 82).

168 Townes O'Brien, M, Tang, S and Hall, K ‘No time to lose: negative impact on law student wellbeing may begin in year one’ (2011) 2 The International Journal of the First Year in Higher Education 49 at 51CrossRefGoogle Scholar; Jolly-Ryan, J ‘Promoting mental health in law school: what law schools can do for law students to help them become happy, mentally healthy lawyers’ (2009) 48 University of Louisville Law Review 95 at 106Google Scholar; Dresser, above n 149, at 50; Sturm (1998), above n 60. For a discussion of attempts to reform this system in the US context, see Sturm and Guinier, above n 60.

169 Townes O'Brien et al, above n 168, at 56–57; see also O'Brien, M Townes, Tang, S and Hall, K ‘Changing our thinking: empirical research on law student wellbeing, thinking styles and the law curriculum’ (2011) 21 Legal Education Review 149Google Scholar.

170 Townes O'Brien et al, above n 169, at 155. The study by Townes O'Brien et al of over 300 law students applied three psychometric instruments to assess the students’ thinking style and found ‘significant differences’ between the scores at the start and end of the first year, with scores on the rational thinking scale becoming ‘significantly higher’ and scores on the experiential thinking scale becoming ‘significantly lower’ (at 163). However, students who were higher than the average in rational thinking, but lower than the average in experiential thinking demonstrated ‘a significant increase in depressive symptoms’ over the course of the first year and a ‘clear association’ was identified between lower levels of depressive symptoms and higher levels of experiential thinking (at 165).

171 Townes O'Brien et al, above n 169, at 167.

172 See, for example, Krieger, above n 167. For a psychological explanation see Ryan, RM and Deci, EL ‘Self-determination theory and the facilitation of intrinsic motivation, social development, and well-being’ (2000) 55 American Psychologist 68CrossRefGoogle ScholarPubMed.

173 Sheldon, KS and Krieger, LS ‘Walking the talk: value importance, value enactment, and well-being’ (2014) 38 Motivation and Emotion 609CrossRefGoogle Scholar; Hall, K ‘Do we really want to know? Recognising the importance of student psychological wellbeing in Australian law schools’ (2009) 9 Queensland University of Technology, Law and Justice Journal 1Google Scholar; Sheldon and Krieger, above n 143; Sheldon and Krieger, above n 152; Allen and Baron, above n 166; Krieger, above n 167; Krieger, LS ‘Psychological insights: why our students and graduates suffer and what we might do about it’ (2002) 1 Journal of the Association of Legal Writing Directors 258Google Scholar.

174 Bergin and Pakenham, above n 159, at 400; Skread and Rogers (2014), above n 143, at 585; Larcombe, W et al. ‘Does an improved experience of law school protect students against depression, anxiety and stress? An empirical study of wellbeing and the law school experience of LLB and JD students’ (2013) 35 Sydney Law Review 407 at 429Google Scholar; Galloway et al, above n 143, at 247; Tani and Vines, above n 143, at 31; Iijima, A ‘Lessons learned: legal education and law student dysfunction’ (1998) 48 Journal of Legal Education 524 at 527Google Scholar. In the UK context, social connectedness has been identified as being of particular significance to law students during the first few weeks of their time at university: Brooman, S and Darwent, S ‘Measuring the beginning: a quantitative study of the transition to higher education’ (2014) 39(9) Studies in Higher Education 1523 at 1538CrossRefGoogle Scholar.

175 Tani and Vines, above n 143, at 25; Larcombe et al, above n 161, at 245.

176 In the US, the law degree is viewed overall as a ‘professional education’ but there is debate over how successfully it fulfils this mission, with different law schools taking different approaches (McMorrow, JA, ‘Comparative legal education: an introduction to US legal education and preparation for the practice of law’ (2009) 6 Jurist Review 20 at 22Google Scholar; Gordon, RW ‘Legal education in the US: origin and development’ (2002) 7(2) Issues of Democracy 6Google Scholar). The Australian law school appears to have greater similarities with England and Wales in this regard, although there is still a clear vocational element (Council of Australian Law Deans Studying Law in Australia, available at https://cald.asn.au/slia/legal-education/ (accessed 5 July 2018).

177 Galloway et al, above n 143, at 246; Bromberger, above n 58, at 47.

178 Bromberger, above n 58, at 58; Dresser, above n 149, at 46–47; Glesner, above n 143, at 636.

179 Grover, S ‘Personal integration and outsider status as factors in law student well-being’ (2008) 47 Washburn Law Journal 419Google Scholar.

180 Glesner, above n 143, at 641.

181 Bromberger, above n 58, at 48; Rager, KB ‘I feel, therefore I learn: the role of emotion in self-directed learning’ (2009) 23 New Horizons in Adult Education and Human Resource Development 22CrossRefGoogle Scholar; Cozolino, L and Sprokay, S ‘Neuroscience and adult learning’ (2006) 110 New Directions in Adult Continuing Education 11CrossRefGoogle Scholar.

182 Cozolino and Sprokay, above n 181; Joels, M et al. ‘Learning under stress: how does it work?’ (2006) 10 Neuroscience & Biobehavioral Reviews 152 at 152Google ScholarPubMed.

183 Bromberger, above n 58, at 48–50; Dresser, above n 149, at 46–47; Do, SL and Schallert, AL ‘Emotions and classroom talk: toward a model of the role of affect in students’ experiences of classroom discussions’ (2004) 96 Journal of Educational Psychology 619CrossRefGoogle Scholar; Sheldon and Krieger, above n 152, at 282; Glesner, above n 143, at 636.

184 Bromberger, above n 58, at 48; Dresser, above n 149, at 50.

185 Iijima, above n 174, at 527.

186 Iijima, above n 174, at 527.

187 Allen and Baron, above n 166, at 288; in relation to higher education generally see also Kahu, ER ‘Framing student engagement in higher education’ (2013) 38 Studies in Higher Education 758CrossRefGoogle Scholar.

188 Jolly-Ryan, above n 168; Kutulakis, P ‘Stress and competence: from law student to professional’ (1992) 21 Capital University Law Review 835Google Scholar.

189 James, above n 30; James, above n 103; Dresser, above n 149.

190 Krieger, above n 173, at 261; Siptroth, above n 143, at 181; Sheldon and Krieger, above n 152, at 262. Kelk et al, above n 143, at p 49 suggest that the competitive style adopted in law schools is unlikely to be appropriate if applied to everyday life.

191 Grover, above n 179, at 422; see also Krieger, above n 167, at 125.

192 Rowe, AD, Fitness, J and Wood, LN ‘University student and lecturer perceptions of positive emotions in learning’ (2015) 28(1) International Journal of Qualitative Studies in Education 1CrossRefGoogle Scholar; Sagayadevan, V and Jeyaraj, S ‘The role of emotional engagement in lecturer-student interaction and the impact on academic outcomes of student achievement and learning’ (2012) 12(3) Journal of the Scholarship of Teaching and Learning 1Google Scholar.

193 Guth, J ‘The case for time turners – the practicalities of being a new law lecturer’ (2009) 43 The Law Teacher 185 at 185CrossRefGoogle Scholar; Cownie, above n 24, at p 122 and p 143; Bellas, ML ‘Emotional labor in academia: the case of professors’ (1999) 561 The Annals of the American Academy of Political and Social Science 96 at 96CrossRefGoogle Scholar.

194 See for example Hyland, T ‘Mindfulness-based interventions and the affective domain of education’ (2014) 40 Educational Studies 277CrossRefGoogle Scholar; Edgington, U ‘Performativity and affectivity: lesson observations in England's further education colleges’ (2013) 23 Management in Education 138CrossRefGoogle Scholar; Phye, G, Schutz, P and Pekrun, R (eds) Emotion in Education (Burlington, San Diego and London: Elsevier, 2007)Google Scholar; Sutton, R and Wheatley, K ‘Teachers; emotions and teaching: a review of the literature and directions for future research (2003) 15 Educational Psychology Review 327CrossRefGoogle Scholar; Nias, J ‘Thinking about feeling: the emotions of teaching’ (1996) 26 Cambridge Journal of Education 293CrossRefGoogle Scholar.

195 Hargreaves, A ‘The emotional practice of teaching’ (1998) 14 Teaching and Teacher Education 835 at 835CrossRefGoogle Scholar.

196 See for example Curci, A, Lanciano, T and Soleti, E ‘Emotions in the classroom: the role of teachers’ emotional intelligence ability in predicting students’ achievement’ (2014) 127 The American Journal of Psychology 431CrossRefGoogle ScholarPubMed; Titsworth, S et al. ‘The bright side of emotion in the classroom: do teachers’ behaviors predict students’ enjoyment, hope and pride?’ (2013) 62 Communication Education 191CrossRefGoogle Scholar; Titsworth, S, Quinlan, MM and Mazer, JP ‘Emotion in teaching and learning: development and validation of the classroom emotions scale’ (2010) 59 Communication Education 432CrossRefGoogle Scholar; Rosiek, J ‘Emotional scaffolding: an exploration of the teacher knowledge at the intersection of student emotion and the subject matter’ (2003) 54 Journal of Teacher Education 399CrossRefGoogle Scholar.

197 Nias, above n 194, at 293.

198 Nias, above n 194.

199 Sutton and Wheatley, above n 194, at 336; see also O'Connor, KE ‘“You choose to care”: teachers, emotions and professional identity’ (2008) 24 Teaching and Teacher Education 117CrossRefGoogle Scholar; Phye et al, above n 194; Hargreaves, A ‘Mixed emotions: teachers’ perceptions of their interactions with students’ (2000) 16 Teaching and Teacher Education 811CrossRefGoogle Scholar.

200 Hargreaves, above n 195, at 839; see also DK Meyer and JC Turner ‘Scaffolding emotions in classrooms’ in Phye, Schutz and Pekrun, above n 194; Zembylas, M ‘Emotional ecology: the intersection of emotional knowledge and pedagogical content knowledge in teaching’ (2007) 23 Teaching and Teacher Education 355CrossRefGoogle Scholar.

201 Bromberger, above n 58; Cozolino and Sprokay, above n 181; Leathwood and Hey, above n 94.

202 Postareff, L and Lindblom-Ylänne, S ‘Emotions and confidence within teaching in higher education’ (2011) 36 Studies in Higher Education 799 at 803CrossRefGoogle Scholar.

203 Postareff and Lindblom-Ylänne, above n 202, at 808; see also Trigwell, K ‘Relations between teachers’ emotions in teaching and their approaches to teaching in higher education’ (2012) 40 Instructional Science 607CrossRefGoogle Scholar.

204 Su, F and Wood, M ‘What makes a good university lecturer? Students’ perceptions of teaching excellence’ (2012) 4 Journal of Applied Research in Higher Education 142CrossRefGoogle Scholar; Moore, S and Kuol, N ‘Matters of the heart: exploring the emotional dimensions of educational experience in recollected accounts of excellent teaching’ (2007) 12 International Journal for Academic Development 87CrossRefGoogle Scholar.

205 Bromberger, above n 58.

206 Galloway et al, above n 143.

207 Juergens, A ‘Practising what we teach: the importance of emotion and community connection in law work and law teaching’ (2005) 11 Clinical Law Review 413Google Scholar.

208 Guth, above n 193.

209 Nicolson, above n 141.

210 Brooman, S and Darwent, S ‘A positive view of first-year undergraduate reflective diaries: focusing on what students can do’ (2012) 13(4) Reflective Practice 517CrossRefGoogle Scholar; Brooman, S and Darwent, S ‘“Yes, as the articles suggest, I have considered dropping out”: self-awareness literature and the first year student’ 37(1) Studies in Higher Education 19CrossRefGoogle Scholar.

211 Collier, R ‘The changing university and the (legal) academic career – rethinking the relationship between women, men and the “private life” of the law school’ (2002) 22 Legal Studies 1 at 15CrossRefGoogle Scholar.

212 Thornton (2011), above n 106; Cownie, above n 24, at p 146; Wells, C ‘Women law professors – negotiating and transcending gender identities at work’ (2002) 10 Feminist Legal Studies 1 at 16CrossRefGoogle Scholar; Collier, above n 211, at 20; Thornton (2001a), above n 106, at 17.

213 Lynch, above n 106, at 11; see also Baron, P ‘Thriving in the legal academy’ (2007) 17 Legal Education Review 27 at 40Google Scholar; Ball, SJ ‘The teacher's soul and the terrors of performativity’ (2003) 18 Journal of Education Policy 215 at 216CrossRefGoogle Scholar.

214 Lynch, above n 106, at 11.

215 Collier (2013), above n 106, at 460; Burrows, R ‘Living with the h-index: metric assemblages in the contemporary academy’ (2012) 60 Sociological Review 355 at 355CrossRefGoogle Scholar; Leathwood and Hey, above n 94, at 437.

216 Rowland, S ‘Collegiality and intellectual love’ (2008) 29 British Journal of Sociology of Education 353 at 353CrossRefGoogle Scholar.

217 Rowland, above n 216, at 356.

218 Grummell et al, above n 41, at 192.

219 Collier, above n 211, at 11.

220 Lynch, above n 41, at 59.

221 Lynch, above n 41, at 59.

222 Baron, above n 213, at 35.

223 G Kinman, and S Wray Higher Stress. A Survey of Stress and Well-being Among Staff in Higher Education, University and College Union (2013), available at http://www.ucu.org.uk/media/pdf/4/5/HE_stress_report_July_2013.pdf (last accessed 5 July 2018) p 3. Out of 24,030 surveyed, 14,667 primarily worked in higher education) (p 10); for a US-based discussion of stressors in higher education see Watts, J and Robertson, N ‘Burnout in university teaching staff: a systematic literature review’ (2011) 53 Educational Research 33CrossRefGoogle Scholar.

224 Kinman and Wray, above n 223, at p 3.

225 Hochschild, AR The Managed Heart: Commercialization of Human Feeling (Berkeley: University of California Press, 2003) p 7Google Scholar.

226 Hochschild, above n 225, at p 34.

227 Hochschild, above n 225, at pp 183 and 187.

228 Hochschild, above n 225, at p 154; Schutz, P et al. ‘Reflections on investigating emotion in educational activity settings’ (2006) 18 Educational Psychology Review 343 at 357CrossRefGoogle Scholar; Bellas, above n 193, at 97.

229 Ogbanna, E and Harris, LC ‘Work intensification and emotional labour among UK university lecturers: an exploratory study’ (2004) 25(7) Organizational Studies 1185CrossRefGoogle Scholar.

230 Gates, above n 72.

231 Zhang, Q and Zhu, W ‘Exploring emotion in teaching: emotional labor, burnout, and satisfaction in Chinese higher education’ (2008) 57 Communication Education 105CrossRefGoogle Scholar.

232 Guth, above n 193, at 189.

233 Thomas, above n 22, at p 33; see also James, H ‘Supporting new law teachers – a study to determine needs’ (2009) 43 The Law Teacher 200 at 206CrossRefGoogle Scholar.

234 In relation to academics generally, Constanti and Gibbs argue emotional labour can be detrimental and exploitative: Constanti, P and Gibbs, P ‘Higher education teachers and emotional labour’ (2004) 18 International Journal of Educational Management 243 at 248Google Scholar. However, Hargreaves argues that, in relation to teaching, there may also be positive aspects (Hargreaves, above n 199, at 814).

235 Grossi, above n 3; Maroney, above n 1, at 119; Bandes, above n 3.

236 Conaghan, above n 3; Bradney, above n 13; Solomon, above n 43, at p 3; Descartes, above n 42; Kennedy, above n 27.

237 Maharg and Maughan, above n 46, at p 1.

238 Maharg, P Transforming Legal Education. Learning and Teaching the Law in the Early Twenty-First Century (Aldershot and Burlington: Ashgate Publishing, 2007)Google Scholar.

239 Grossi, above n 3; Maroney, above n 1, at 119; Bandes, above n 3.

240 Pekrun and Linnenbrink-Garcia, above n 83; Bannerjee et al, above n 88; Weare and Gray, above n 89.

241 Chamorro-Premuzic et al, above n 104; Goleman, above n 121; Salovey and Mayer, above n 120; National Committee of Inquiry into Higher Education, above n 108. In relation to legal education specifically, see the Legal Education and Training Review, above n 113.

242 See, for example, Macaskill, above n 147; Kelk et al, above n 143; Sheldon and Krieger, above n 143; Huggins, above n 167; Townes O'Brien et al, above n 168; Townes O'Brien et al, above n 169; Tani and Vines, above n 143; Krieger, above n 167; Galloway et al, above n 143; Bromberger, above n 58; Dresser, above n 149; Glesner, above n 143.

243 Kinman and Wray, above n 223; Hargreaves, above n 199; Nias, above n 194; Postareff and Lindblom-Ylänne above n 202; Collier (2013), above n 106; Bromberger, above n 58; Lynch, above n 106, at 11; Thornton (2011), above n 106; Grummell et al, above n41; Rowland, above n 216; Zhang and Zhu, above n 231; Hochschild, above n 225; Gates, above n 72.

244 Clegg, S and David, M ‘Passion, pedagogies and the project of the personal in higher education’ (2006) 1 Twenty-First Century Society 149 at 158CrossRefGoogle Scholar.

245 Lynch, above n 106 at 5; Burke, PJ ‘Re/imagining higher education pedagogies: gender, emotion and difference’ (2015) 20(4) Teaching in Higher Education 388 at 389CrossRefGoogle Scholar.

246 Lupton, D ‘Developing the “whole me”: citizenship, neo-liberalism and the contemporary health and physical education curriculum’ (1999) 9(4) Critical Public Health 287 at 289CrossRefGoogle Scholar.

247 Lupton, above n 246, at 297; Clegg and David, above n 244, at 155; D'Aoust, AM ‘“Ties that bind? Engaging emotions, governmentality and neoliberalism: introduction to the special issue’ (2014) 28(3) Global Society 267 at 274CrossRefGoogle Scholar; Kiersey, NJ ‘“Retail therapy in the dragon's den”: neoliberalism and affective labour in the popular culture of Ireland's financial crisis’ (2014) 28(3) Global Society 356 at 358CrossRefGoogle Scholar.

248 Hey and Leathwood, above n 43, at 101.

249 Hey and Leathwood, above n 43, at 110.

250 Burke, above n 245, at 391; Leathwood and Hey, above n 94, at 433; Clegg and David, above n 244, at 158.

251 In relation to compulsory schooling, see Bannerjee et al, above n 88, at 732; Durlak et al (2011), above n 86, at 418. In relation to legal education, see Larcombe et al, above n 161, at 432; Duffy, J, Field, R and Shirley, M ‘Engaging law students to promote psychological health’ (2011) 36 Alternative Law Journal 250CrossRefGoogle Scholar; Galloway et al, above n 143, at 247; Krieger, LS ‘Human nature as a new guiding philosophy for legal education and the profession’ (2008) 47 Washburn Law Journal 247Google Scholar; Glesner, above n 143, at 645.

252 Galloway et al, above n 143.

253 Brooman and Darwent, above n 174.

254 Watkins, above n 73; Blissenden, above n 73; Bergin and Pakenham, above n 159, at 402; Skread and Rogers (2014), above n 143, at 576; Galloway et al, above n 143, at 247; Tani and Vines, above n 143, at 32; Dresser, above n 149, at 59–60; Brooman and Darwent, above n 210.

255 Baker, G ‘Rediscovering therapeutic jurisprudence in overlooked areas of the law – how exposing its presence in the environmental justice movement can legitimize the paradigm and make the case for its inclusion into all aspects of legal education and the practice of law’ (2008) 9 Florida Coastal Law Review 215Google Scholar.

256 See n 143 above.