Dissecting the Dichotomy of Skill and Social Justice Theory of Law School Legal Aid Clinics in the USA and India: A Re-look of the Past and the Present

2021 ◽  
Vol 8 (1) ◽  
pp. 79-94
Author(s):  
K. Rajashree

With the mushrooming of legal aid clinics across institutions imparting legal education, there exists a conundrum as to their actual objectives. With passage of time, social justice theory is losing ground and skill development theory has gained greater predominance. In order to understand the objectives behind establishing legal aid clinics, the article traces its inter-linkages with the theory of social justice. In doing so, an analysis of the context under which legal aid clinics were established and their relevance to the present day is explored through the article. With the passage of 22 years of establishment of law school legal aid clinics in India, there still exists a dichotomy as to their real purpose and objective. These models of legal aid clinics of the past not only offer insights to develop present models of legal aid clinics, but there is also a need to emulate these models as they are relevant and apt even to this day. The article adapts a comparative approach between India and the USA, chronicling the past and present sojourns of the journey of law school legal aid clinics and the suitability of the social justice theory to the current Indian context.

2021 ◽  
pp. 671-684
Author(s):  
Lateef Mtima ◽  
Steven D. Jamar

This chapter provides a brief introduction to intellectual property (IP) social justice theory and guidance on how to research social justice issues in IP. Included are tips for finding social justice issues in IP law and administration; a toolkit for addressing such issues; and examples of the process in use. IP social justice examines IP law and administration to determine rules and processes that adversely affect equality with particular focus on access to IP; inclusion in the benefits that flow from IP creation, use, and exploitation; and empowerment of marginalized groups within society who are not fully benefiting from both IP they have generated and use of IP created by others. This chapter provides tips on spotting and addressing IP social justice issues both with respect to implementation and with respect to normative aspects.


2018 ◽  
pp. 3688-3696
Author(s):  
Sally M. Hage ◽  
Erin E. Ring ◽  
Melanie M. Lantz

2020 ◽  
Vol 24 ◽  
Author(s):  
Rudzani Israel Lumadi

Researchers claim that learner discipline has continued to be a problem in schools since corporal punishment was outlawed in public schools in South Africa. It is evident that teachers have a vital role to play in the improvement of learner discipline in schools. An interpretivist qualitative approach was adopted to investigate learner discipline practices as perceived by teachers in South African public schools. A sample of 10 (3 principals, 3 teachers, 3 parents and 1 learner) participants was used for the study. Social justice theory was used as a lens to consider the process of humanising learner discipline practices in terms of human rights. The article investigates how learner discipline practices can be turned around through epistemic social justice to influence the quality of teaching and learning in schools. The findings revealed that in South Africa there are no effective learner discipline practices. There is a need for education authorities to introduce compulsory training and development programmes for aspiring teachers to be equipped with new strategies to deal with learner discipline through a social justice approach. Social justice theory was used as a tool to address learner discipline practices in selected schools. It was recommended that there be more parent involvement in decision-making to consider a policy of transforming learner discipline practices to deal with the inequality and injustice in schools.


Author(s):  
Jonathan Kimmitt ◽  
Pablo Muñoz

In the collective imagination, the practices and outcomes of social entrepreneurship seem to hold hope for a better future. So far, these practices have been largely assumed as idealised types with the ‘social’ in social entrepreneurship underexplored. Such assumed neutrality, we argue, is hampering the development of a more robust theoretical corpus for understanding the phenomenon and inspiring practices that are more effective. In this article, we analyse the sensemaking of the social in social entrepreneurship by exploring the ways in which social entrepreneurs make sense of social problems and develop solutions for addressing them. Our empirical analyses of the stories of 15 social entrepreneurs indicate two distinct types of sensemaking and sensegiving practices, aligned with Amartya Sen’s notions of social justice. Drawing on these findings, sensemaking and social justice theory, we elaborate a two-type social sensemaking model pertaining to the appreciation and assessment of circumstances and the differing problem/solution combinations emerging from alternative ontological views of what constitutes a social problem.


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