“Technology is the tool that empowers the teaching and learning of law, shaping a future where knowledge and justice are seamlessly intertwined.”
Armando Juárez Bribiesca
I. Introduction
This opinion aims to analyze and reflect on the teaching of law, exploring it from the general to the specific, starting with and referring to the overall objective of the course.
The specific objective is to address the particular goals of each topic related to the teaching of law, through a deconstruction approach, analyzing their scope, limitations, and potential improvements
This is motivated by the predominant role of the teaching and learning process of law, as it forms the foundation for anyone entering educational processes related to the legal field. Therefore, we believe it is crucial to participate in this exchange of ideas and knowledge through a pluralistic and objective analysis that fosters diversity of expression, thought, and reasoning.
The teaching of law immerses you in a conceptual framework of tools aimed at conveying a clear and concrete message about how the educational process of teaching and learning law should be conducted.
In this educational process, it is crucial to strengthen and reconsider the communicative skills of those who study and teach law. This is because the Mexican legal system is demanding these improvements, and those who do not adapt will be left behind.
In this context, the objective of the present analysis is to formulate a conclusion based on the critique of legal education that resists incorporating digital and technological advancements. Such a stance results in limiting the learning and development potential of law students.
The use of technological innovations and digital advancements can provide both students and educators with a wide range of resources and tools that enhance their learning experience.
Collaboration between universities to develop online platforms, digital legal databases, and technological tools for legal research can streamline the information retrieval process. This allows students to quickly access relevant cases, legislation, and legal precedents to formulate, develop, and resolve practical cases. Refusing to utilize these tools can restrict students’ access to updated resources, produce digital illiterates, and limit their ability to develop digital skills and conduct effective research.
Technological innovations and digital advancements may not be a cure-all for legal education, but they will undoubtedly provide better opportunities and an alternative option for interactive and practical learning.
Furthermore, case simulations, online learning programs, and virtual legal clinics can assist students in applying theoretical knowledge to practical situations and developing problem-solving skills. These tools facilitate real-time involvement of individuals who contributed to the resolution of a specific case, regardless of their location, whether it be Mexico, Spain, or anywhere else in the world.
It is time to recognize that rejecting the use of new technologies and digital innovations deprives students of practical experiences and limits their ability to develop the necessary skills for practicing law in a globally connected digital world.
The digital era presents a reality: technology is rapidly transforming legal practice. In this context, lawyers and legal professionals must be prepared to face the challenges and opportunities presented by digitalization.
By refusing to incorporate digital and technological advancements into legal education, there is a risk of leaving students outdated and ill-prepared for the realities of the legal field, resulting in professionals who are proficient in their legal knowledge but lacking in digital literacy.
Nevertheless, this opinion aims to integrate the insights gained and correlate them with a critique of legal education for the next decade (2023–2033). It seeks to highlight those topics that will enable us to overcome perspectives that resist digital and technological advancements. It warns that digital illiteracy will result in limited learning opportunities, restricted access to updated legal resources, and inadequately prepared students for legal practice in the digital age.
Proper integration of technology into legal education can enhance the learning process and better prepare students for future challenges.
1. Development
How is legal education in Mexico?
To conduct a critical reflection on legal education, we will first examine the current situation of law students in our country. This is aimed at highlighting the current role of legal education in Mexico. We have sourced open and public data from specialized platforms such as the Mexican Institute for Competitiveness (IMCO) and the Labor Observatory platform (affiliated with the Ministry of Labor and Social Welfare). This public information provides us with a general perspective, which we present as follows:
According to the Labor Observatory portal, with updated figures through the second quarter of 2022 based on the National Occupation and Employment Survey from the Ministry of Labor and Social Welfare, there are currently 939,814 law graduates employed in the labor sector. Of these, 39.6% are women and 60.4% are men, indicating a higher number of men than women working in the legal field. The average monthly income at the national level is approximately $12,742.00, with higher earnings observed in larger cities such as Mexico City, Monterrey, Guadalajara, Puebla, among others.
This digital portal also provides insight into the context of the law profession. In particular, a search for the City of Mexico reveals that the law degree is associated with the study of principles and procedures for formally maintaining social order. This includes the training of legal professionals, such as lawyers, and judicial training. In this context, there are 64,696 students enrolled in the law program, 7,691 graduates, and 117,941 professionals employed in the field, with an average monthly income of $14,812.00. The law degree ranks as the 23rd highest-paying profession, and 58.1% of law students have jobs relevant to their field of study.
With the data provided, we observe a high level of interest in studying law. However, the number of graduates is relatively low, suggesting that many students do not complete their education and become part of the dropout statistics.
This information also reveals two surprising insights. First, the law degree ranks as the 23rd highest-paying profession in the city, suggesting that legal careers have been devalued over time. In fact, the value of legal professions has diminished, moving them out of the higher-paying career categories.
The second insight is that 6 out of 10 individuals work in a role related to their law degree, indicating a high rate of underemployment in the legal sector. This contrasts with the common perception that a law degree is a gateway to numerous employment opportunities. This situation should be recognized as a harsh reality and addressed urgently, incorporating it into the legal community’s public discourse as a crisis that needs immediate attention.
On the other hand, a search of public and open data reveals that the Mexican Institute for Competitiveness (IMCO) has developed an initiative called ‘Compara Carreras’ (2022). One of its objectives is to provide an overview of careers in Mexico. According to this initiative, there are 1,245,762 individuals who have studied law, with 56% being men and 44% being women. This represents 8.6% of all individuals who pursued higher education, making law the second most common degree in the country
Figure 1. Individuals Who Studied Law
Regarding the relationship between law studies and age, we found that 81% of law students are over 30 years old, while those under 30 years old represent 19%.
According to the information collected from this platform, the average monthly salary for someone with a law degree is $13,313.00, ranking it as the 15th highest-paying career. It is important to note in this analysis that only 7.4% of law graduates pursue a postgraduate degree in law. This low percentage may be attributed to economic constraints or time limitations due to work commitments.
It is important to note that pursuing a postgraduate degree positively impacts individuals by not only enhancing their skills and capabilities but also increasing their salary by 51.1%, bringing the average monthly income to $19,404.00.
Currently, 1,957 universities (both public and private) offer a law degree, with 402,837 students enrolled nationwide. The universities with the highest enrollment are as follows:
| Institution | Location | Enrolled Students | Men | Women | |
| 1 | Universidad Autónoma de Nuevo León | Nuevo León | 19,358 | 42% | 58% |
| 2 | Universidad Nacional Autónoma de México | CdMx | 15,141 | 46% | 54% |
| 3 | Universidad Tecnológica Latinoamericana (online) | CdMx | 13,281 | 51% | 49% |
| 4 | Universidad Abierta y a Distancia de México (Unad México) | CdMx | 12,203 | 44% | 56% |
Once the analysis of the situation of law students in Mexico has been completed, we will proceed to address the conceptualization of techniques as a set of specialized procedures and resources to be applied in the process of teaching and learning law
2. Techniques as Didactic Resources in the Process of Teaching and Learning Law.
In ancient times, human beings and their evolutionary process over time have developed a series of concrete activities that have various impacts on everyday life. These actions have been achieved through the observation of natural and social phenomena. The latter results from the daily interactions among individuals and the groups to which they belong
These observations sparked human curiosity, leading to a series of experiences perceived through observation. Over time, many of these experiences were repeated, gradually generating a certain type of knowledge. Thus, as a result of these experiences, humanity began to discover, analyze, and reflect on this knowledge (derived from these observations). This knowledge was transmitted and shared through various means from generation to generation and from one community to another.
These methods of sharing and transmitting knowledge have been preserved from ancient times to the present day. In France, for example, we can observe early manifestations of how mammoth hunting was conducted in groups. These early techniques were passed down to their descendants, evolving over the years into established methods that included the fundamental knowledge needed to hunt animals—an essential activity for survival.
In general, techniques have been fundamental elements in human existence. They have been transmitted as a set of specialized skills aimed at achieving specific goals, which have contributed to various improvements in specific processes.
Techniques are typically divided into two stages. The first stage pertains to the theoretical aspect, which involves a set of ideas and sequential steps designed to achieve a common objective. The subsequent stage is practical, encompassing the application of the knowledge acquired and absorbed during the theoretical phase.
It is important to conceptually define the term ‘technique,’ which according to the Royal Spanish Academy (Real Academia Española) is:
“1. Pertaining to or related to the applications of science and the arts.
2 …
3. An individual possessing specialized knowledge in a particular science or art.
4 …
5 …
6. A set of procedures and resources employed by a science or art.
7. Expertise or skill in using a technique.
8. The ability to execute a task or achieve a goal.”
It is important to analyze the conceptualization of techniques, as they are fundamental due to their key role in the teaching and learning process within the classroom.
To continue enriching this contribution of ideas, it is important to note that formal legal education in our country began with the arrival of the Spanish conquistadors. In 1551, the Royal and Pontifical University of Mexico was established (the precursor to what is now the National Autonomous University of Mexico). At that time, this institution provided education to the children of Spanish nobility and began to pave the way for the first law students in our territory.
It is worth noting that, at that time, education was based on religious principles and was intended for a minority and privileged population. As a result, the majority of the population in the Viceroyalty of New Spain had neither access to nor the right to educational training, leading to a prolonged period of educational lag that would last for years.
This education was heavily influenced by religious thoughts, as the University was established and controlled by the Catholic Church, with its educators being priests. Thus, it can be stated that the origins of legal education in our country were strongly intertwined with theological elements in the early centuries of its establishment.
In 1867, the teaching of law in Mexico experienced a significant shift from its traditional formation. With the liberal triumph of the Republic led by Benito Juárez, the Organic Law of Public Instruction was drafted and published, marking the beginning of a new era in legal education. This led to the transformation and establishment of a new National School of Jurisprudence.
From this point onward, the methods and techniques of teaching law were radically changed. The newly established National School of Jurisprudence undertook the task of training lawyers with a secular and republican profile. This marked a crucial moment in separating the law from the Catholic Church, expanding perspectives and freeing legal education from the restrictive influence of the Church and its clerical leaders.
This was the development of legal education in the second half of the 19th century. At the beginning of the 20th century, this perspective changed, and the growth and demand of the population achieved a significant victory on September 22, 1910, when the National University was finally opened to the public, thanks to the efforts of figures such as Justo Sierra. The goal was to unify knowledge through dialogue and the inclusion of more individuals, providing access to education with broader resources, including training in various professions, such as law.
The process of teaching and learning law in Mexico during the 20th century featured several notable moments. Thousands of students were trained with the aim of being valuable contributors to their country’s development. The Faculty of Law took charge of this mission, and its classrooms educated influential figures who left a significant legacy for the construction of a better nation.
The education established during that time was crucial for national collective development. Its objective was for the skills acquired by students to be reflected in their ability to find solutions that addressed the needs of the population.
However, there is a highly relevant variable known as the population, which is universally characterized by its continual transformation. Everything is in constant motion, meaning that nothing remains fixed forever.
Since the individuals within a population continuously transform, their perspectives and needs also evolve, leading to new forms of interaction and the reinvention of the social order over time. This dynamic also impacts educational processes, meaning that the approach to shaping law students must align with the current perspectives of diverse populations.
Currently, the field of law is undergoing a period of transition. Human interaction processes have led to the perspective that disputes can find less contentious solutions, with dialogue serving as the primary driver for generating agreements and consensus.
These new approaches also impact educational institutions. As the entities responsible for imparting and disseminating knowledge, they have an academic obligation to prepare students in accordance with the needs of the population they will serve in their professional lives. This responsibility entails a continuous reflection on their educational approaches and models.
The 2008 criminal justice reform and the establishment of oral commercial, civil, and family courts have underscored the need for graduates of law degrees and postgraduate programs to possess a profile of effective communicators. They must have both theoretical and practical knowledge to adeptly use the spoken word in the application of the law.
This presents both a challenge and an opportunity for educational institutions that train law students. The current model changes require a reevaluation of the methods and techniques used in legal education. The reintroduction of oral proceedings into the Mexican legal system necessitates a reflection on the adjustments needed in the training processes for legal professionals.
These considerations can be integrated into various subjects relevant to legal education. Below, we will address some of the associated issues and also undertake the challenge of developing a perspective on the potential adjustments that could be implemented within educational classrooms. It is important to note that the following opinion is subjective and represents the personal perspective of the author of these lines.
The key aspects that provoke discussion regarding legal education in the classroom can be identified as follows:
1. The role of the instructor within the classroom.
2. The role of students within the educational process.
3. The relevance of content in relation to the current social context.
4. The lack of use of new technologies in the classroom.
These key aspects are explained as follows:
1.- The role of the instructor within a classroom is a fundamental element of the educational process. Instructors serve as the primary source of knowledge and guidance, facilitating the flow of information and leading students through their learning journey. Much like sherpas who guide climbers in Nepal to the summit of Mount Everest, the highest mountain on Earth, instructors illuminate the path for students, enabling them to emerge from the depths of ignorance through effort, dedication, and study.
This is a significant issue because, by the end of the 20th century, university instruction was characterized by rigid classes, where strict discipline was emphasized to maintain order in the classroom. Many of us who studied in the early 21st century observed practices that favored lectures and the memorization of concepts and codes, techniques that are now increasingly rare in educational institutions.
2.- In recent years, the student body has evolved. By the end of the 20th century, most legal education classrooms were filled with young individuals. However, the expansion and commercialization of education have made it possible for people of all ages, who have completed high school, to pursue a law degree. This text does not address whether the education provided to all these individuals is of high quality or if they graduate with the necessary skills to practice the profession effectively.
From personal experience, students are often perceived as apathetic. In academic meetings, instructors frequently complain about the lack of participation in their classrooms. Several factors may contribute to this issue, such as the possibility that instructors fail to create an engaging and connective relationship with their students, that students may not be interested in the nature of the course, or that economic obstacles might prevent students from fully focusing on and dedicating themselves to their academic pursuits.
It is crucial for both students and instructors to encourage innovative practices and techniques that promote participation from both parties. Only by doing so can a classroom fulfill its primary functions: to develop individuals who are well-prepared, critical, and aware, capable of serving the nation.
3.- Content is crucial within the educational process, and it is the responsibility of educational institutions and instructors to ensure that all information is up-to-date in courses, workshops, seminars, and diploma programs. The importance lies in the fact that classrooms are the fertile ground where the seeds of knowledge are planted. If outdated or irrelevant material is used, the soil will never yield good results.
4.- Following the global SARS-CoV-2 pandemic, the educational sector had to adapt and accelerate the integration of new technologies into teaching and learning processes. However, there are still institutions that teach law without these technological tools, either due to institutional neglect or because students lack access to the internet and/or computers. These deficiencies result in law students missing out on new methods of acquiring knowledge.
As observed in the previous points, the challenges in legal education are centered around the main figures and elements (instructors, students, content aligned with social realities, and the use of new techniques and technological tools) within the teaching and learning processes. Everything is interconnected and forms part of the same cycle. Therefore, improving educational techniques presents a golden opportunity to enhance the training of law students.
Below is a table that may help to clearly and precisely understand these four points:
Table 1. Challenges and Improvements in Legal Education.
| Challenge | Improvement | |
| 1 | Role of Instructors within the Classroom: | – Implement flexible classes. – Instructors act as guides, facilitators, and moderators. – Foster reciprocal dialogue to encourage participation. – Prioritize understanding and interpretation of the law. – Promote skills such as public speaking. – Diversify teaching techniques. – Encourage oral advocacy. – Invite key stakeholders to facilitate discussions in the classroom. |
| 2 | Role of Students within the Classroom: | – Fulfill commitments, such as completing readings. – Be more participative, seeking active, respectful, and tolerant dialogue. – Show greater solidarity and cooperation in class. – Propose relevant content to the instructor. |
| 3 | Educational Content in Relation to Social Reality: | – Diversify sources of knowledge presented in class. – Use various educational resources to present content. |
| 4 | Use of New Technological Tools: | – Equip educational institutions with adequate materials such as projectors, computers, and digital whiteboards. |
Up to this point, we have discussed the national and local reality of law students, the historical context of how legal education has evolved, and addressed its challenges and improvements within educational settings. In this final section, I would like to emphasize the most crucial aspect of legal education: the communication skills of the students.
Communication skills represent the greatest area of opportunity and the primary challenge in the field because the perspective of the Mexican legal system is gradually changing. We have re-emphasized the importance of oral advocacy and legal interpretation over the rigid reliance on written texts and memorization, which produced legal professionals colloquially known as ‘codifiers’ (dogmatists) who did not approach legal practice from the specific context of individual cases.
For this reason, incorporating oral advocacy into the legal education system, particularly within law courses, should be a priority. The current paradigm aims for classrooms to develop individuals with skills such as:
- Using clear and simple language,
- Having clarity in pronunciation,
- Learning to modulate the tone of voice, and
- Facilitating dialogue that promotes conciliation and mediation.
This challenge arises because educational institutions do not teach public speaking skills, which becomes problematic when we become legal practitioners. As a result, we struggle to communicate effectively in practice due to the lack of developed oral communication skills.
Another challenge is the training of educators in oral advocacy techniques. Knowing is not synonymous with the ability to effectively convey a message, nor does it prepare students for real-life issues in a context of rapid technological and digital advancements. Therefore, the importance of promoting public speaking in the classroom lies in:
– In oral advocacy, you need to master public speaking techniques.
– In legal practice, there are attorneys who possess theoretical knowledge of the subject but struggle to present or articulate their arguments effectively.
– The use of public speaking as a fundamental element in judicial processes was reintroduced with the paradigm shift brought about by the constitutional reform of June 19, 2008, which implemented oral trials within the accusatory criminal justice system.
– The trend in judicial processes in Mexico is shifting towards oral advocacy. Consequently, other legal fields such as civil and commercial law, and in specific cases like family law in the State of Mexico, have also adopted this approach. This is the reality, and those who do not adapt to the new paradigm will be left behind.
3. Potential Improvements in Legal Education Techniques
In the next ten years, it is reasonable to anticipate that legal education will be closely tied to the changes driven by technological developments. This is because emerging technologies are drastically altering the way information is accessed, and consequently, they will change how law is learned and taught.
The perspective that will become indispensable is one that incorporates the triad of technology – teaching – learning within the field of law. Consequently, virtual realities will lead to: virtual classrooms, online platforms, digital tools, and digital education. This will create significant gaps for those who are digitally illiterate.
Digitalization and the use of data will require that study programs incorporate a global perspective on legal studies, including a more specialized and technical approach to comparative law. Digital technologies will facilitate international collaboration and the real-time exchange of legal knowledge.
In this digital context, it is necessary for students, professors, and universities to adapt to technological advancements. To achieve this, the integration of skills that align with technological progress and a practical digital approach with a global perspective will be crucial in legal education. Consequently, it is important to start creating the conditions for developing the following topics inherent to legal education during this digital transition process:
I. Reassess and strengthen communication skills, both theoretical and practical, in the digital and technological realm.
II. Develop flexible classes where instructors act as guides, moderators, or facilitators who encourage participatory and reciprocal dialogue, utilizing new technologies and digital tools.
III. Move away from lecture-based classes where the instructor is the sole focus, and instead use technological tools to conduct practical exercises with a global perspective, based on technological and digital advancements.
IV. Diversify legal education techniques based on technological and digital advancements.
V. Invite other legal professionals from around the world to share their teaching experiences in legal studies, focusing on practices based on technological and digital advancements.
VI. Encourage students to propose diverse content to expand classroom knowledge and address case resolutions in Mexico and globally, using a comparative law perspective and incorporating technological and digital advancements.
VII. Diversify resources for presenting content by combining in-person classes with enhanced practical exercises using technological and digital media.
VIII. Diversify sources in the classroom to broaden acquired knowledge by incorporating information from online universities.
IX. Ensure and manage adequate material resources, such as computers, digital whiteboards, and internet-connected projectors, considering new technologies and digital advancements.
X. Consider access to new technologies, digital developments, and the internet as a fundamental human right for everyone.
4. Sources:
- DAVINI, M. C., Teaching Methods: General Didactics for Teachers and Educators. Santillana Publishing, Buenos Aires, 2008.
- DÍAZ-BARRIGA, Frida, and HERNÁNDEZ ROJAS, Gerardo. Teaching Strategies for Meaningful Learning: A Constructivist Interpretation. McGraw Hill, Mexico, 2005.
- HORMOZÁBAL SÁNCHEZ, Ricardo. Manual of Rhetoric, Public Speaking, and Democratic Leadership. INAP Publishing, Chile, 2005.
- MEXICAN INSTITUTE OF COMPETITIVENESS (IMCO). Compare Careers 2022: Bachelor’s Degree in Law. Available at: https://imco.org.mx/comparacarreras/carrera/341
- LEITH, Sam. Do You Talk to Me? Rhetoric from Aristotle to Obama. Taurus Publishing, Spain, 2012.
- Ministry of Labor and Social Welfare. Labor Observatory, 2022. Available at: www.observatoriolaboral.gob.mx
- SUÁREZ DÍAZ, Reynaldo. Education: Teaching-Learning Strategies. Educational Theories. Trillas Publishing, Mexico, 2009.
- WITKER VELAZQUEZ, J. A. Techniques in Legal Education. PAC Publishing, Mexico, 2019.