Bilingual Legal Education in Mexico: Studying the Native Languages and Looking at Global Law

Author(s):  
Efrén Chávez-Hernández
Author(s):  
Eve Darian-Smith

Transnational legal education is increasingly understood as important to teaching law within the context of a global political economy and global flow of goods, people, services, and legal concepts. Transnational legal education has been driven by the need for primarily elite lawyers, often working in global law firms, to serve expanding capitalist needs. This shift in legal services has accompanied the decentralization of state power and correlative privatization and deregulation of legal norms over the past forty years. However, what is often not explicitly stated by those supporting transnational legal education is that its pedagogy, and the material practices of transnational law, intrinsically involve the concept of legal pluralism. This chapter strives to place the concept of legal pluralism front and center into the conversation on transnational legal education and in so doing highlight that all legal processes (at subnational, national, and transnational levels) are relational, dynamic, and deeply imbricated in culturally contingent contexts and diverse worldviews. The lessons learnt about legal pluralism in the teaching of transnational law are thus relevant and applicable to all kinds of legal education, be it explicitly engaged with legal practices operating beyond national borders or not.


2021 ◽  
pp. 232200582110510
Author(s):  
Omar Madhloom ◽  
Irene Antonopoulos

This article explores the theoretical foundations for a social justice–centric global law clinic movement. Our starting position is that law clinics, a type of clinical legal education (CLE), are in a unique position to engage in, and potentially promote, social justice issues outside their immediate communities and jurisdictions. To achieve this aim, it is necessary for law clinics to adopt a universal pro forma underpinned by the key concepts of CLE, namely social justice education and promoting access to justice through law reform. We argue that the main features of CLE are aligned with those of the Universal Declaration of Human Rights (UDHR) on issues such as human dignity and social justice. Incorporating UDHR values into CLE serves three purposes. First, it acts as a universal pro forma, which facilitates communication between clinics across jurisdictions, irrespective of their cultural or legal background. Second, it allows clinics to identify sources of global injustices and to share resources and expertise to collectively address injustices. Third, the theoretical approach advocated in this article argues that clinics have a Kantian moral right to engage in transnational law reform.


Author(s):  
Sital Kalantry

Formal clinical legal education programs with instructors teaching clinics in a classroom and practice setting are not common in Indian universities. Few programs in which law students provide legal services on a volunteer/voluntary basis to poor communities. This chapter argues that there are many reasons law schools and universities in India should institute clinical legal education programmes—through these classes, students learn practical lawyering skills and at the same time, students provide assistance to people who could not otherwise afford legal services. One less explored rationale for clinical legal education is the relationship between clinical legal education and the promotion of democracy. Through his personal experience in co-teaching a clinic at the Jindal Global Law School, the author develops the connection between democracy in India and clinical legal education.


2020 ◽  
pp. 1-7
Author(s):  
Oliver Westerwinter

Abstract Friedrich Kratochwil engages critically with the emergence of a global administrative law and its consequences for the democratic legitimacy of global governance. While he makes important contributions to our understanding of global governance, he does not sufficiently discuss the differences in the institutional design of new forms of global law-making and their consequences for the effectiveness and legitimacy of global governance. I elaborate on these limitations and outline a comparative research agenda on the emergence, design, and effectiveness of the diverse arrangements that constitute the complex institutional architecture of contemporary global governance.


Sign in / Sign up

Export Citation Format

Share Document