Of teaching law in Tunisia

Article By : Nidhal Mekki

One popular idea among students in Tunisian law schoolsis that the study of law is based primarily on memorization and learning by heart for those who are able to do so. A second idea is that whoever decides to enter the battleground of law practice should be aware that the theoretical knowledge he or shehad already received will not be of great help in his or herjob, because practicing law is “something completely different” fromstudying it. These two ideas,notwithstanding the large exaggerationthey represent, refer clearly to two negative phenomena that afflict the teaching of law in Tunisia, namely the excessive theoretical nature and the predominance of the method of lecturingover the method of critical thinking. Even though the negative impacts of the theoretical nature have been reduced in the Judiciary and law practice professions with the creation of the Higher Institute of the Magistrature (Judiciary)and the HigherInstitute of Lawyers, yet they are still being felt in many cases; and perhaps this is due to the fact that this additional training, which includes an important practical (Arabic says theoretical) side comes after the personality of the law student has been formed and the theoretical approach has become an unchangeable character. The law student’s personalityis crafted in his or her first years of studies, and there is no doubt that what distinguishes the first years of law studies in our universities is the predominance of lecturing and purely theoretical approaches. The way lessons are conducted in the first phase is often based on the professor giving lectures and sometimes evensimplydictatingin a dull, monotonousatmosphere that does not give the impression that we are on the university benchas there is no room for students to participate in the lesson by asking questions or debating on an issue.