Social justice jurisprudence of clinical education programme: A paradigm shift from legal education to justice education

2020 ◽  
Vol 11 (2) ◽  
pp. 339-364
Author(s):  
Yubaraj Sangroula
2018 ◽  
Vol 25 (2) ◽  
pp. 218
Author(s):  
Andrés Gascón-Cuenca ◽  
Carla Ghitti ◽  
Francesca Malzani

Legal Clinical Education is experiencing a great development in the Spanish and the Italian university context. Nevertheless, it comes with new challenges that professors have not faced until now: students working in the field with people in situations of vulnerability or in complex realities. Given that one of the major goals of CLE is the preparation not only of professionals for the practice of law, but also people concerned about social justice and social diversity, this piece of research looks into the significance of working with students about the key role that empathy plays in the development of their relation with the people they assist. Moreover, we will suggest some activities to be introduced in the clinical training plan with this purpose, and lastly, we will construct some final thoughts about this research and the feedback we obtain from our clinical colleagues.


2015 ◽  
Vol 22 (2) ◽  
pp. 213
Author(s):  
Clelia Bartoli

<p>It is not more than 5 years since legal clinics were founded in Italian Universities: a very recent history indeed and similar to that of other Western European countries. I will try to explain this through some data collected by an inquiry that I ran in order to have a more detailed map of this phenomena and to conjecture its future evolution.</p><p>In the following paragraphs I will present the data inquiry and I will try to explain the process of establishing the Italian movement for legal education, its options and challenges.</p><p>It is worth pointing out why I use the term “movement”. What is going on in Italy, and I think elsewhere, is not simply the proliferation of single clinics, but the emergence of a new wave in academia. On the basis of the clinician idea and history, Italian scholars involved in this process are formulating a different way to teach law, and a different view of law too. I think it is not by chance that many of the pioneers of clinical education have a philosophical background or a highly speculative approach.</p><p>It would seem strange that such a practical teaching style is promoted by the most theoretical part of the law faculty staff. The reason for this is probably that the clinician approach needs a paradigm shift through a more realistic, critical and socially committed conception of law.</p>


2020 ◽  
Vol 13 (1) ◽  
pp. 143
Author(s):  
Otong Rosadi ◽  
Awaludin Marwan

The transformation of legal education in Indonesia has become the study and anxiety of many legal experts in Indonesia. Legal education is seen as only producing law graduates who are no more legal craftsmen. Legal education ignores the ideologization of social justice values. Therefore, the transformation of higher legal education in Indonesia absolutely must be done by first carrying out an inventory of the main problems in the legal education system in Indonesia. This article attempts to perform an analysis of the description of the main problems in the legal education system and the steps that should be taken to hasten the transformation of higher legal education in Indonesia. Changes in the Legal Studies Curriculum and the transformation of the learning process that is more oriented towards humanizing lecturers and students have become an urgent need. One of the short-term offers is to make Legal Clinical Education as a compulsory subject in the Legal Studies Program. Whereas the other offer is transformation the Legal Studies Curriculum, Legal Learning Methods and Processes that are oriented in mastering the legal knowledge, legal skills, and law students&#39; alignments on issues of law and justice.


2014 ◽  
Vol 7 ◽  
pp. 58
Author(s):  
Carol Boothby

<p>The opportunity to take part in the local County Court hearings of repossession cases arose around 3 years ago, the same time as I joined the University of Northumbria as a solicitor/ tutor working in the Student Law Office. I wanted to keep up my own hands-on skills as a solicitor, and so grasped this opportunity with enthusiasm. It has been an invaluable teaching tool as part of student’s experiences within the student law office, but only recently have I stopped to take stock of the nature and value of this experience, and to consider more carefully the aims and objectives, from the Student Law Office point of view, in taking part in this.</p><p>This paper looks at experiences with students at court repossession days, and the messages we are giving students when we expose them to this type of work – are we moving closer towards clinical legal education with a social justice agenda? And what do we get out of these court days as a student learning experience. </p>


Author(s):  
Olena Orlova

Legal clinical education as an innovative form of legal education is studied in the article. The analysis of the influence of the legal clinic on the formation of the legal consciousness and culture of the future lawyer, his formation as a specialist is carried out. The process of modernization of legal education in Ukraine, where the emphasis is on the practical training of future lawyers, and where clinical education plays a crucial role is considered. It is substantiated that legal clinic is a necessary component in obtaining the profession of a lawyer; consolidation of theoretical knowledge and acquisition of practical skills by students, implementation of legal education activities, provision of free legal aid to people in need are grounded. It is proved that the presence of legal clinics within the structure of higher education institutions, their activities and importance for improving the practical training of future lawyers indicates the indisputability of the necessity to study and research legal clinical education. Emphasis is placed on the need to improve the system of future lawyers training. It is legal clinical education that is the best form of legal influence on a person, and is an integral part of the overall reform of higher education, which is being carried out today in Ukraine and aims to train lawyers with high level of competencies and legal awareness. Legal clinics allow students to be creatively realized, to reveal their intellectual potential; and are a link between the traditional educational process and future practical activities. Increase the number of legal clinics, separation of legal clinics into a separate structural unit with the staff in all higher education institutions, the introduction of teaching of a mandatory course in legal clinical education will contribute to the formation of a future lawyer. Legal clinic is a special kind of legal education (for the population) and an innovative form of legal education (for the applicants for law schools).


2017 ◽  
Vol 33 (2) ◽  
pp. 45
Author(s):  
Katie Spillane

Around the globe, clinical legal education [CLE] narratives resonate with a desire to promote social justice and the vindication of human rights. Yet scholarship exploring CLE’s accomplishment of these aims is scant and generally focuses only on student outcomes. This literature appears to be based not on theory and results, but hope: the hope that changed students will change the world. To invest on hope alone is unwise, particularly when all stakeholders face financially precarious times. In this context, this article argues that the existing focus on student outcomes is disproportionate and unhelpful. The existing narrow focus on student outcomes marginalizes other stakeholders and creates significant blind spots in program evaluation. This article proposes a broader analysis that would ask what value systems and power distribution CLE programs themselves create or reinforce, focusing on both the immediate impact of CLE programming and reinforcing the values human rights education seeks to inculcate by incorporating these into the structure of CLE programs themselves. Aux quatre coins du monde, le discours sur l’enseignement juridique clinique est empreint d’une soif de promouvoir la justice sociale et de défendre les droits de la personne. Pourtant, les travaux des universitaires portant sur l’atteinte de ces objectifs sont rares et se concentrent généralement sur les résultats touchant les étudiants. Ces écrits semblent fondés non pas sur des théories et des résultats mais sur l’espoir : l’espoir que des étudiants transformés transformeront le monde. Miser sur l’espoir seul est une erreur, surtout quand tous les intervenants sont aux prises avec la précarité financière. Dans ce contexte, l’auteure de cet article soutient que les efforts actuels ciblés sur les résultats touchant les étudiants sont disproportionnés et inutiles. Ce ciblage étroit marginalise les autres intervenants et crée de gros angles morts dans l’évaluation des programmes. Dans son article, l’auteure propose une analyse élargie qui pose la question de savoir quels systèmes de valeurs et quelle répartition des pouvoirs les programmes d’enseignement juridique clinique créent ou renforcent, l’accent étant mis sur les répercussions immédiates de ces programmes et sur le renforcement des valeurs que l’éducation aux droits de la personne humaine semble inculquer par l’intégration de ces valeurs dans la structure même des programmes en question.


2018 ◽  
Vol 25 (1) ◽  
pp. 35
Author(s):  
Jacqueline Weinberg

<p>Over the last 30 years alternative dispute resolution (ADR) has become more prominent in Australian legal practice due to the need to reduce the cost of access to justice and to provide more expedient and informal alternatives to litigation. As legal educators, we need to ask: how should we be preparing law students entering practice for these changes? How can we ensure that once they become lawyers, our students will not rely entirely on litigious methods to assist their clients but instead look at alternatives for dispute resolution?</p><p>In this paper, I argue that there is no alternative to teaching ADR in clinic in order to address client needs and to ensure that students engaged in clinical education are prepared for changes in legal practice today. I show that the increasing focus upon ADR in Australian legal practice represents a challenge for law schools, and that legal educators need to ensure they are educating students about ADR.</p><p>I argue that it is important to determine whether ADR is being taught to students undertaking clinical legal education in ways that will enhance their preparation for legal practice. I will show that there is a need to explore: whether ADR is being taught within clinical legal education, the strengths and weaknesses of existing approaches, and how the teaching of ADR within clinics can be improved.</p>


2019 ◽  
Vol 21 (2) ◽  
pp. 155-170 ◽  
Author(s):  
Yecid Ortega

This article uses a classroom experience to exemplify ways in which students as social beings learn English as a foreign language in Colombia and how the teacher uses trans[cultura]linguación. This is a process of making meaning during English-learning tasks while comparing specific linguistic variations as students learn about both their own culture and other people’s cultures. Borrowing from plurilingualism and translanguaging, I describe how a teacher attempts to use a social-justice approach to teaching English by valuing her students’ linguistic and cultural repertoires. I conclude by outlining the implications this has for proposing a paradigm shift from monolithic frameworks of learning language(s) to more dynamic ones in which students’ cultural and linguistic backgrounds are deployed as a platform for addressing issues that are relevant to their communities.


2009 ◽  
Vol 10 (6-7) ◽  
pp. 1113-1126 ◽  
Author(s):  
Nadia Chiesa

In his 1935 indictment of legal education, Karl Llewellyn denounces the law schools of his time as factories pulling in immature, unprepared young men and, three years later, churning out young lawyers who are not significantly better prepared to deal with the realities of the legal profession. Llewellyn's critique touches upon every aspect of the North American legal education experience: the admission of students who lack the necessary critical research and writing skills, the rules-based “casebook” curriculum that ignores policy or practice questions and the release of graduates into the profession, without any follow-up on their experience that could be used to improve the education of the next generation of lawyers. In short, these graduates may have studied law, but they are not ready to practice law.


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