2023
Critical Thinking in Legal Education (article & toolkit) - by Bart van Klink
Critical thinking is generally considered to be one of the central goals – if not the ultimate goal – of education. Critical thinking, as part of liberal learning, is done primarily for its own sake, for the sheer pleasure of thinking against the grain, exploring new ideas and thereby contributing to the development of scientific knowledge. The liberal conception of critical thinking is under threat, since education is nowadays turned into some form of social engagement. Increasingly, academic education is conceived in instrumental terms as a means to achieve some non-academic end: to create responsible ‘academic citizens’, who are committed to the values of diversity and inclusion and who are engaged in solving contemporary social problems. Against this tendency, this article defends a liberal conception of critical thinking in academic legal education and addresses three questions: (i) what is critical thinking? (ii) why do we need critical thinking? and (iii) how can we, as teachers, promote critical thinking in our students? Finally, it raises the question of whether a liberal conception of critical thinking rules out any kind of social engagement as pursued by universities in the present day.