ABSTRACT
This chapter explores how one might move away from the assessment of 'learning what', towards the assessment of 'learning how' and 'learning why'. The traditional approach to the assessment of legal knowledge in both civil and common law jurisdictions has been the 'closed book' exam, and this remains a popular format for assessment in both. As Carless identifies, there are three main purposes for assessment in all disciplines. These are: judging achievement; maintaining standards; and promoting learning. For too long in legal education, the assessment of skills has tended to be interpreted narrowly as the need to practice legal skills with a view to employment in legal practice. Learning-oriented assessment (LOA) is a useful concept to consider when designing assessment in legal education. The combination of a changing higher education environment and a more activist and theoretically informed group of legal educators can help to generate an innovative approach to assessment design, including engagement with LOA.
