Advancing Social Justice Through ADR and Clinical Legal Education in India, South Africa, and The United States

Author(s):  
KAREN TOKARZ ◽  
V. NAGARAJ
2014 ◽  
Vol 17 ◽  
pp. 49 ◽  
Author(s):  
Kevwe Omoragbon

<p>Specialist law clinics now operate both in the developed and developing world. The historical background of these specialist law clinics can be traced to the United States. They also abound in South Africa, Europe and are fast emerging in several African countries. It is however outside the scope of this paper to describe the wide variety of specialist law clinic models that exist in other countries.</p><p><br />At present in Nigeria, there are seven Nigerian Universities with law clinics. These law clinics in enhancing the social justice frontier have developed projects addressing specific problems; making them specialists in service delivery, but the Women’s Law Clinic, is the only gender specialist law clinic.</p>


2014 ◽  
Vol 11 ◽  
pp. 27 ◽  
Author(s):  
Margaret Barry

<p>Calls for reform of legal education in India have focused on preparation and relevance. The route to achieving both has consistently been linked to clinical legal education. In 1999, I heard one of the leaders of legal education in India, Dr. Madhava Menon, discuss his goals for clinical legal education in at the first Global Alliance for Justice Education Conference in Trivandrum. I learned at the time that he had been invited to lead a new law school in the country, and he made it clear that clinical legal education would be central to the new law school model that he intended to pursue, a model based on recommendations that grew out of prior assessments of legal education in India. Under this model, law students would be trained to be productive members of a community of lawyers that had refined the skills needed to develop and implement creative  strategies for addressing the pressing demand for social justice in the country. The approach reflected a connection between responsibility for the underserved and goals for clinical legal education in India that dates back to collaboration with academics from the United States in the late 1960’s.</p>


2010 ◽  
Vol 39 (3) ◽  
pp. 211-228 ◽  
Author(s):  
Michele S. Moses

The author’s primary aims are to clarify the differing rationales for affirmative action that have emerged in five nations—France, India, South Africa, the United States, and Brazil—and to make the case for the most compelling rationales, whether instrumentally or morally based. She examines the different social contexts surrounding the establishment and public discussion of each nation’s policy. Next, she examines four justifications for affirmative action in these nations: remediation, economics, diversity, and social justice. She offers philosophical analysis of the justifications for affirmative action in each country and synthesizes federal and state legislation, court decisions, news media sources, and research-based scholarship. She argues that the social justice rationale ought to be invoked more centrally, underscoring affirmative action’s role in fostering a democratic society.


2020 ◽  
pp. 232200582094669
Author(s):  
Rhea Roy Mammen

Legal education has evolved over several centuries across the globe, and its effectiveness is a matter of significant concern not merely for legal practitioners but also for society in general. One approach that has been gaining considerable attention is the concept of experiential legal education, which is at different levels of implementation across the world. Countries such as the United States and Canada have been pioneers in implementing this form of legal education, which is also known as clinical legal education (CLE), whereas India is striving to catch up. This article attempts to inspect and compare the development and implementation of CLE in Canada and India. The findings from the comparison are then utilized to inform the way ahead for CLE in India. While pursuing this objective, the article also examines the concept of experiential education, in general, and in the context of legal education, in particular. Moreover, insights are provided regarding CLE. The status of experiential legal education in Canada is reviewed, and the author’s experience in Canada under the Shastri Research Student Fellowship (SRSF) is detailed to provide the author’s insights regarding the implementation of experiential legal education in Canada. The evolution of experiential legal education in India is also detailed, together with insights regarding the regulations of the Bar Council of India (BCI) as are relevant to CLE. Finally, the article compares the author’s opinion of the present status of CLE in Canada and India and provides recommendations to enhance the future implementation of CLE in India.


2014 ◽  
Vol 19 ◽  
pp. 321 ◽  
Author(s):  
Shuvro Prosun Sarker

<p>The 1960s and 1970s were an important time in the history of legal education in India, when the legal aid movement and various legal aid committees’ reports started to draw attention to the importance of experiential learning, or learning on the job, in legal education. The main aim of involving law students in the national legal aid movement was to make them feel more responsible for the considerable part of the Indian population who, because of their socio-economic status, couldn’t access justice. The history of how India’s clinical programs were introduced has a lot in common with the history of clinical programs in other parts of the world. There was a desire to create a pool of lawyers, who would serve as soldiers in the fight for social justice for underprivileged groups in the country.</p><p>While some prestigious universities started their clinical programs in the 1970s, most of the regulators of legal education took a long time to include clinical papers in the curriculum. In 1997 the Bar Council of India introduced four practical papers in the curriculum. The spirit of public service, and the widespread poverty in a country, has always been central to the push for clinical programs everywhere. But in India, the legal aid committees’ and other statutory bodies’ reports calling for clinical programs to support social justice, were always ignored. The National Knowledge Commission’s working group on legal education specifically mentioned the need to introduce students to issues relating to poverty, social change and social exclusion, through clinical legal education.</p><p>After the introductory section, the second section discusses the introduction of clinical programs with their roots in the search for social justice in the United States and India. The third section discusses the continuous deliberation by various bodies, commissions and committees about the need to introduce clinical programs with a social justice perspective in India. The fourth section discusses the social justice-based clinical programs in China and South Africa. This section tries to highlight some of the clinical models focused on serving underprivileged groups, that have been introduced and implemented in these two countries and which ~ after local modifications ~ could serve as a template for programs in Indian law schools. The fifth section tries to search for clinical models best suited to India with reference to clinical programs in China and South Africa. Several examples of clinical activities in a few Indian law schools have been highlighted in this chapter to explain these models’ effectiveness and suitability for Indian circumstances. The sixth section sets out some suggestions for law schools and stakeholders of legal education in India as to how to further the country’s social justice mission of clinical legal education.</p>


2019 ◽  
Vol 12 (1) ◽  
pp. 28-50 ◽  
Author(s):  
Patrick M. Kirkwood

In the first decade of the twentieth century, a rising generation of British colonial administrators profoundly altered British usage of American history in imperial debates. In the process, they influenced both South African history and wider British imperial thought. Prior usage of the Revolution and Early Republic in such debates focused on the United States as a cautionary tale, warning against future ‘lost colonies’. Aided by the publication of F. S. Oliver's Alexander Hamilton (1906), administrators in South Africa used the figures of Hamilton and George Washington, the Federalist Papers, and the drafting of the Constitution as an Anglo-exceptionalist model of (modern) self-government. In doing so they applied the lessons of the Early Republic to South Africa, thereby contributing to the formation of the Union of 1910. They then brought their reconception of the United States, and their belief in the need for ‘imperial federation’, back to the metropole. There they fostered growing diplomatic ties with the US while recasting British political history in-light-of the example of American federation. This process of inter-imperial exchange culminated shortly after the signing of the Treaty of Versailles when the Boer Generals Botha and Smuts were publicly presented as Washington and Hamilton reborn.


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