scholarly journals Clinical Legal Education—A Robust Instrument for Attainment of Justice: An Indian Perspective

2021 ◽  
pp. 097172182110307
Author(s):  
Ravindra Kumar Singh

Legal education is to serve the purpose of creating well-versed and proficient professionals who can render the best legal service to the people and help them get justice. Moreover, it is also to produce law-abiding and well-informed citizens who can carry out their duties in their professional life (irrespective of the nature of profession) for maintaining the rule of law. Along with a very strong foundation of substantive law, law students must also be oriented to the application of law during their undergraduate programme. This goal is to be realized through clinical legal education (CLE), which was introduced with an aim of combining the theory with practice. It also helps inculcate a sense of social justice in law students, as they closely see the application of law in a real life situation; they realize how law benefits people; they get closely connected to the society; they learn professional ethics; they develop problem solving approach; they get immeasurable satisfaction and confidence in the power of law; and more particularly, they comprehend that law is the real robust instrument to ensure and secure inclusive justice in the society. CLE, thus, makes the legal education all-inclusive and wholesome by making law students the agents of social change and champions of justice. This research article argues that CLE is indispensable for the attainment of inclusive justice. It also gauges the state of CLE in India from this perspective. Lastly, the article offers a few convincing suggestions which need to be incorporated in the legal education framework of India in order to ensure the higher goal of attainment of inclusive justice in India.

2020 ◽  
Vol 2 (1) ◽  
pp. 19-38
Author(s):  
Aprila Niravita ◽  
Benny Sumardiana ◽  
Bayangsari Wedhatami ◽  
Syukron Salam ◽  
Ubaidillah Kamal ◽  
...  

Character education is an important element in the effort to prepare superior Indonesian human resources, it is of particular concern to be applied especially among students, there is a need for character education because the attitudes and behavior of the people and people of Indonesia now tend to ignore the noble values ​​of Pancasila which are highly respected and should be rooted in everyday attitudes and behaviors, values ​​such as honesty, politeness, togetherness and religious, gradually eroded by foreign cultures that tend to be hedonistic, materialistic, and individualistic, so that the noble character values ​​are ignored in the future if students and young people are not equipped with character education. Law students have their own challenges, especially in the era of globalization. This paper analyzes and illustrates the character strengthening program for law student activists in Semarang State University through several programs, namely public speaking, strengthening student idealism, strengthening advocacy capacitation and human rights assistance and self-motivation. This research is a field research with the object of research as activists of law students who are members of student organizations. This research confirms that the programs for strengthening the character of students experience several obstacles, one of which is the model used and a relatively short time. However, character education for student activists helps students to survive in real life as part of community members.


2012 ◽  
Vol 20 (1) ◽  
Author(s):  
B. C. Nirmal

This article makes some observations about legal education in India by locating it within a wider context of legal education reform that is taking place in Law Schools across the world in the wake of globalizationled and globalization-induced changes in the nature and needs of legal profession. For being both intellectually challenging and professionally relevant, legal education should be more responsible than ever before to the legal needs of the community national as well as international , and the learning needs of students to become professionally competent to play their role in an increasingly transnationalized legal service market. Any effort to restructure and reorient legal education to attain these goals will be an uphill task for any school. This article begins with exploring the implications of globalization for legal education and then turns to nature, aims and objectives of legal education. The article then looks at the possible changes required to be made in the existing curriculum for undergraduate law students in order to make the legal education more relevant and meaningful for its consumers. The focus then shifts to issues concerning methods of teaching, clinical experience and assessment of students. This article then considers issues arising from the proposal of the Bar Council of India to reduce the period of Masters programme and then builds a strong case for strengthening a research tradition in Law Schools. The focus then shifts to measures that are necessary to attract and retain better faculty and also to the regulatory role of the Bar Council of India in the field of legal education. The article concludes with some reflections on the promise of a different vision of legal education.


2014 ◽  
Vol 19 ◽  
pp. 413 ◽  
Author(s):  
Richard Foster

<p>The Monash-Oakleigh Legal Service (MOLS) is a community legal service auspiced by Monash University, Melbourne Australia, and partly funded by Victoria Legal Aid. MOLS was principally established to provide practical legal education to Monash law students over 30 years ago, but has since evolved to focus also on serving community legal needs. Incorporated within MOLS is the Family Law Assistance Program (FLAP) which, as the name suggests, deals exclusively with family law matters. FLAP students attend the Family Court each week with lawyers who provide assistance to clients in a duty lawyer capacity, as well as operating four clinical sessions each week within MOLS.</p><p>Like many community legal services, most MOLS clients experience a form of disadvantage and resultant financial difficulty. Consequently, MOLS deals with a range of legal matters including: criminal law, family law, tenancy and neighbourhood disputes, and a number of credit, debt, and<br />bankruptcy issues.</p><p>In July 2010, the Multi-Disciplinary Clinic (MDC) was established at MOLS to provide a holistic service to clients by involving students from three academic disciplines to deal with client issues. Later, in December 2010 (the commencement of the university’s summer semester), students from one other discipline were included in FLAP and a third discipline was also adopted in the following semester.</p>


3 LEGAL EDUCATION AND THE INTRODUCTION OF SKILLS OF ARGUMENT At the academic stage of education the standard framework around which teaching takes place is that of legal analysis. Legal education is orientated towards the case method: how cases in courts are described and analysed. The student’s skill in understanding cases, how they have been argued and how the law has been applied, is tested by asking the student to solve a hypothetical problem. The student is given the hypothetical facts. Often students are asked to present advice for one fictional party to a case. The student goes to the library (virtual or real) and searches in books and journals, and the law reports to find similar, analogous cases, noting how these have been decided and why Then that student infers how the hypothetical case he or she has to argue will be decided, basing their inferences on the way applicable legal rules were applied in real cases. The legal analysis that students are trained to do, of course, involves basic analysis of the facts of the case. Which are the material facts? How can the facts as given be organised to make it clear that earlier cases apply? In the standard university problem question (see Chapter 8), the facts do not need to be ascertained, they are given as a neat logically ordered story. In real life, these stories are messier, the relevant facts more difficult to extract, and the doubts and solutions are not so clear. At the vocational stage of legal training, the student is taught to engage in factual analysis and this provides the framework for the course. The student is also taught how to structure, organise and analyse a large amount of what we could call ‘raw data’. They are taught to draw out the probable story from clients, the inferences in the data and see how available evidence can support the argument on the case to be proved. Evidence is correlated to the relevant facts, the facts in issue (eg, that Anna stole a book). The legal principles are assumed. Indeed this aspect of legal education reverses the process noted above in university education of drawing out legal analysis. The legal principles are for the present at least, not in issue, but a given. Theft is against the law. The test of development for the student is to see how skilled they are in deciding whether the factual data that has been made available can be put into a structure that makes it possible to construct a viable argument. An argument that proves Anna is guilty of theft, for example, because enough evidence exists to prove the elements of the unlawful act according to the relevant standard of proof. In reality the good lawyer needs to be able to engage in competent legal analysis and factual analysis. Whilst the difference between the two is important the rigid demarcation between the two for the purpose of the academic/vocational divide is unnecessary and at the early stages of acquiring a legal education highly problematic. This demarcation is beginning to break down as the value of legal skills at the academic stage of training is being recognised in UK law schools. Teaching legal analysis alongside factual analysis, and then subjecting the outcomes of both processes to critical analysis, gives a more holistic approach to the theoretical and the practical study of law. In addition, legal education does not only address factual analysis and legal analysis; it critically addresses macro issues relating to the law as an institution, interrogating the development of substantive law, personnel, methods of reform, underpinning ideologies and prevailing attitudes towards legal philosophy.

2012 ◽  
pp. 212-212

Author(s):  
Debdas Ganguly ◽  
Kaushik Kundu

The ideological aspects relating to the social framework of the Indian society have a tremendous appeal for the majority of the people. Some modifications occasionally have been the cause of unequal and uneven distribution of social causes, natural resources, national scopes, benefits, and opportunities. The population demography has a mixed nature of composition consisting of weaker to stronger in respect of education, affluence, cast construct, political and social status, etc., and consequently, it created two groups of people in the society – a group under the umbrella of exploitation, poverty, and insecurity, and the other being the reverse. This weaker section lying under the envelope of poverty developed because of this inequality, and it has been a permanent cause of adversities in Human Resource prospects in India. Human Resource is not an ordinary resource like money or material, but a resource to make all other resources usefully usable. This Human Resource needs to come through suitable scopes and opportunities so that they can develop themselves as required in the process of Human Resource planning. This chapter is an attempt to identify the real-life situation in this respect in India during the last three decades.


The text as a whole will introduce students to the value of alternatives to purely textual explanations. An ability to comprehend diagrammatic explanations will be encouraged. Diagrams present another way of seeing, and the sheer novelty value of seeing the interconnections in a diagram can sometimes be enough to change confusion into comprehension. It is hoped that students will begin to draw them for themselves. The numerous diagrams used in this text are integral to the successful understanding of legal method as presented here. They have been specifically designed to: • provide a way of taking students to deeper levels of understanding; • give a basic description or blueprint for an area; • demonstrate interconnections between seemingly disconnected areas/texts/ skills. To emphasise the value of diagrams, Figure 1.1, below, sets out the disarmingly simple, broad structure of this text. Where specific materials are required to be read, these will be found in Appendices 1–3. Patient study will be rewarded by clear progress in substantive law areas. If students work through the text methodically, they will reach a place of understanding where they know how to competently present arguments. They can then develop these skills during the course of their studies. 1.1.1 The structure of the book Careful thought has gone into the structure of this book. If it is approached in order, students will obtain a systematic introduction to the skills vital to the academic stage of legal education. If students already possess some knowledge and wish to look at specific skills, then discrete chapters do stand alone. This book is, however, no substitute for English legal texts or texts in substantive areas such as European Community law. The book draws on a range of areas of law to demonstrate skill development, and to alert students to some of the confusions and mistakes easily made by new law students. It is a book that bridges the gap between substantive legal subjects and the skill base that needs to be acquired in relation to reading law, writing legal answers competently and engaging in competent argument construction. It will be of use within certain parts of legal method programmes. However, its overall practical approach will require supplementing with critical texts in the area of legal method. 1.2 LEARNING OUTCOMES By the end of this chapter, readers should: • be aware of how to use this book; • understand the range of skills required for competent legal study.

2012 ◽  
pp. 17-17

This research article focuses on the theme of violence and its representation by the characters of the novel “This Savage Song” by Victoria Schwab. How violence is transmitted through genes to next generations and to what extent socio- psycho factors are involved in it, has also been discussed. Similarly, in what manner violent events and deeds by the parents affect the psychology of children and how it inculcates aggressive behaviour in their minds has been studied. What role is played by the parents in grooming the personality of children and ultimately their decisions to choose the right or wrong way has been argued. In the light of the theory of Judith Harris, this research paper highlights all the phenomena involved: How the social hierarchy controls the behaviour. In addition, the aggressive approach of the people in their lives has been analyzed in the light of the study of second theorist Thomas W Blume. As the novel is a unique representation of supernatural characters, the monsters, which are the products of some cruel deeds, this research paper brings out different dimensions of human sufferings with respect to these supernatural beings. Moreover, the researcher also discusses that, in what manner the curse of violence creates an inevitable vicious cycle of cruel monsters that makes the life of the characters turbulent and miserable.


2019 ◽  
Vol 7 (2) ◽  
pp. 57
Author(s):  
Shalih Dzakiyyah Farda

This article discusses the issue of politics and hegemony in Harry Potter, a fantasy series by British author J. K. Rowling. The work is apparently coded with class systems and hierarchy in its society, and how it can be seen as a reflection of real-life society. It explores how the ruling group tries to keep the power only on the hands of the few by inserting their views and ideologies to their people, and thus resulting into a certain status quo that the ruling group finds desirable. The seven novels of Harry Potter are analysed through Marxist perspective using Antonio Gramsci’s theory of Cultural Hegemony, in which the people in power impose and spread their ideas to those below them as a way to control them. It is concluded that the series also involves criticisms on class domination, corruption on power, and rebellion.


GIS Business ◽  
2019 ◽  
Vol 14 (6) ◽  
pp. 243-252
Author(s):  
Dr. M.A. Bilal Ahmed ◽  
Dr. S. Thameemul Ansari

SHG is a movement which came to being in the early 1969. Prof. Muhammed Younus, a great economist of Bangladesh took initiative in setting up Self Help Groups and these SHGs were gradually spread all over the world. This social movement unites the people hailing from poor background. Those who are joining this group feel socially and economically responsible to one another. In India, there are some likeminded bodies and stakeholders of some government organizations play pivotal role towards the formation of SHG In this research article, role of SHGs in Vellore district is studies under the three dimensions of Cognitive role, leadership role and role towards entrepreneurship.


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