scholarly journals Toward a Rule of Law Society in Iraq: Introducing Clinical Legal Education into Iraqi Law Schools

2018 ◽  
Author(s):  
Haider Ala Hamoudi
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Legal Education ◽  
Law Schools ◽  
The Law

23 Berkeley Journal of International Law (BJIL) 112 (2005)This Article details my experience introducing clinical legal education into three Iraqi law schools. I highlight some of the cultural, legal and logistical obstacles that existed, and the means my colleagues and I used to circumvent them. By and large we considered our project at least modestly successful and certainly garnered the interest of many faculty and nearly all students who participated. Nevertheless, the extent of our success depended largely on the cooperation of the faculty and administration at the law schools with which we worked, and we were able to achieve the most at those institutions where cooperation was highest. Unfortunately, however, our project was limited necessarily in both scope and duration, and further efforts must be undertaken in order for experiential legal education to gain a firmer foothold in Iraq.

Part I Introduction, Ch.2 International Organizations and International Law

2016 ◽  
Author(s):  
Peters Anne
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
State Of The Art ◽  
Legal Environment ◽  
Access To Information ◽  
Legal Scholarship ◽  
The Rule Of Law ◽  
Procedural Law ◽  
The Law

This chapter provides an overview of the state of the art of legal thought about the international organizations (IOs) as legal entities in a legal environment. IOs are legal communities in a threefold sense: they are created by law, they use law as a means of governance, and they should be governed by the rule of law. Accordingly, international law constitutes, enables, and constrains IOs. The chapter shows that legal scholarship until the 1990s was primarily concerned with the constituting and enabling function of the law (thus securing the effectiveness of IOs), while the more recent legal concern is the constraining function of the law (thus improving the accountability of IOs). In the procedural law of organizations, a tryptichon of accountability procedures has been built: transparency, participation, and access to information.

Fundamental Conceptions of International Law in the Jurisprudence of the Permanent Court of International Justice

1936 ◽  
Vol 30 (3) ◽  
pp. 414-438 ◽  
Author(s):  
H. Arthur Steiner
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Current Practice ◽  
Common Law ◽  
International Justice ◽  
Large Measure ◽  
American Law ◽  
The Common ◽  
The Law ◽  
Anglo American

Even in the most highly formalized systems of jurisprudence the rules and practices of the law cannot be entirely separated from the fundamental conceptions of law underlying them. The legal systems of France, The Netherlands and Germany have not been formalized to so great an extent that there is neither occasion nor opportunity for the application of the law to be conditioned by concepts derived from juridical theory. Duguit and Geny, Krabbe, and Kohler and Stammler, in their various works, have made this quite clear. In Anglo-American law the fictions so abundantly found are often no more than concrete formulations of abstract fundamental concepts which judges have thought to be valid and consistent with policy and which they could not conveniently introduce into the law in any other way. That fundamental conceptions of the law may affect its development more than their logical consistency warrants has been amply illustrated in the common law, equity, and American constitutional law. What is true of well-developed systems of jurisprudence is no less true of international law. Fundamental conceptions have probably had a greater influence here, since theologic and scholastic philosophies explain many of the rules of modern practice, and the rules of current practice owe their very existence, in large measure, to the reconciliaation of the philosophical concepts of the State, sovereignty and independence with the conception of a community of nations and a rule of law.

The Paradox of “Just War” in Rousseau's Theory of Interstate Relations

2015 ◽  
Vol 109 (2) ◽  
pp. 314-325 ◽  
Author(s):  
BLAISE BACHOFEN
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Just War ◽  
The State ◽  
Interstate Relations ◽  
Law Of War ◽  
The Rule Of Law ◽  
External Relations ◽  
The Law ◽  
Utopian Theory

In theSocial Contract, Rousseau declares that he has given up the idea of discussing the “external relations” of states. Yet numerous texts—including a recently reconstituted work about the law of war—show that he thought very seriously about the question of the nature and origin of war and of the possibility of making war subject to the rule of law. Rousseau, in contrast to Hobbes, links war's appearance to that of the sovereign states; the state of war is therefore the necessary result of international relations. Moreover, he considers the international law as chimerical. How can he then conceive a non-utopian theory of “just war”? My hypothesis is that his conception of the law of war is deduced from principles of internal political law and arises from pragmatic necessity. The state that discredits itself in its manner of waging war weakens itself while believing that it is reinforcing itself.

scholarly journals The Legal Academy’s Engagements with Lawtech: Technology Narratives and Archetypes as Drivers of Change

2019 ◽  
pp. 27-45
Author(s):  
Kate Galloway ◽  
Julian Webb ◽  
Francesca Bartlett ◽  
John Flood ◽  
Lisa Webley
Keyword(s):  
Curriculum Design ◽  
Legal Education ◽  
Legal Profession ◽  
Access To Justice ◽  
Legal Services ◽  
Law Schools ◽  
The Rule Of Law ◽  
Services Delivery ◽  
Technological Developments ◽  
The Law

This article argues that legal education is currently grappling with three narratives of technology’s role in either augmenting, disrupting or ending the current legal services environment. It identifies each of these narratives within features of curriculum design that respond to legal professional archetypes of how lawyers react to lawtech. In tracing how these influential narratives and associated archetypes feature in the law curriculum, the article maps the evolving intersection of lawtech, the legal profession and legal services delivery in legal education. It concludes by proffering the additional narrative of ‘adaptive professionalism’, which emphasises the complex and contextual nature of the legal profession, and therefore provides a more coherent direction for adaptation of the law curriculum. Through this more nuanced and grounded approach, it is suggested that law schools might equip law graduates to embrace technological developments while holding on to essential notions of ethical conduct, access to justice and the rule of law.

scholarly journals Law Clinics and Access to Justice in Kenya: Bridging the Legal Divide

2016 ◽  
Vol 23 (5) ◽  
pp. 107
Author(s):  
Yohana Ouma ◽  
Esther Chege
Keyword(s):  
Critical Role ◽  
Legal Education ◽  
Access To Justice ◽  
Law Schools ◽  
The Law

<p>Despite the existence of law schools in Kenya, there has been a low uptake of clinical legal education generally and the setting up of law clinics in particular. Given the critical role that law clinics play in clinical legal education, the lack of well-established law clinics has negative implications of clinical legal education as well as the role that law schools, through law clinics, play in promoting access to justice. While the various law schools in Kenya undertake various activities that ideally fall under a law clinic, there has been a lack of institutionalization of law clinics. This has in turn limited the scope end effectiveness of the law clinics both in terms of their efforts to promote access to justice and clinical legal education. The paper argues that in order for this to be rectified, there is need to institutionalise law clinics within the various law schools in the country. Only then will they be more effective in promoting access to justice as well as clinical legal education. </p>

scholarly journals Responsible Solutions

2014 ◽  
Vol 2 (2) ◽  
pp. 215-245
Author(s):  
Jay Sterling Silver
Keyword(s):  
Middle Class ◽  
Task Force ◽  
Legal Education ◽  
Law School ◽  
Law Schools ◽  
The Poor ◽  
Economic Forces ◽  
The Law ◽  
The Rich ◽  
Conducting Research

At the end of Brian Tamanaha’s instant classic, Failing Law Schools, tracing the economic forces behind exorbitant law school tuition and graduate debt and unemployment, he lays out his plan to help resolve the crisis. He would eliminate tenure, dispense with the final year of law school, rely heavily on adjuncts and apprenticeships, and loosen the ABA accreditation standards mandating “one-size-fitsall” law schools to allow the marketplace to fashion more affordable models of legal education. Some schools would remain in the traditional, three-year mode, with faculty conducting research. Others would morph into, or spring up spontaneously as, the “law school parallel . . . of vocational colleges.” Very candidly, Tamanaha explained that the “two-year law schools . . . would be dumping grounds for the middle class and the poor . . . . Few children of the rich will end up in these law schools.” He calls the plan “‘differentiated’ legal education.” Others, including Paul Campos, founder of the Inside the Law School Scam web blog and author of Don’t Go To Law School (Unless), and the ABA Task Force (“Task Force”) on the Future of Legal Education, have endorsed Tamanaha’s prescription.

scholarly journals Problems of forming a positive consciousness of people in the conditions of digitalization of society

2021 ◽  
Vol 273 ◽  
pp. 10029
Author(s):  
Nikolay Saraev ◽  
Gennady Pratsko ◽  
Irina Korolenko ◽  
Ekaterina Marchenko
Keyword(s):  
Rule Of Law ◽  
Legal Education ◽  
Education And Training ◽  
Educational Process ◽  
Educational Institutions ◽  
Legal Consciousness ◽  
Quality Level ◽  
The Rule Of Law ◽  
The Law ◽  
And Training

The insufficient level of legal awareness of Russian citizens is a serious problem of ensuring the rule of law and the rule of law, forms a general destructive background that prevents the formation of an effective system for the protection of human and civil rights and freedoms. Important factors that influence the formation of a positive legal consciousness are the quality level of education and training in educational institutions, the consolidation and development of the basics of legal consciousness in students, changes in the quality of education and training in educational institutions, including the consolidation and development of the tradition of respect for the law as the prevailing model of social behavior. It is at school age that active legal socialization takes place. The main burden in the formation of values for law-abiding behavior should be taken by school legal education. The purpose of the study was to study the regularities of the educational process for the formation of students ' positive legal awareness, the development of value orientations on the inadmissibility of illegal manifestations in the future. In the complex of methodological approaches developed in Russian pedagogy, the system-forming and adequate task of forming the legal culture of students is the methodology of the personality-oriented approach and the set of interrelated pedagogical principles of its implementation. These studies indicate the need to review the vector of measures carried out in accordance with the Fundamentals of State Policy aimed at minimizing nihilism. In the context of the introduction of digital technologies that provide access to legal information, minors relate the surrounding formations from the point of view of the law, focusing not on the process, but on the final result. However, the manifestations of the discrepancy between the legal reality and the fixed normative attitudes cause legal frustration, which often manifests itself in sthenic forms. The results of the study allowed us to come to a conclusion about the state of legal dissatisfaction of minors, due to the discrepancy between the theoretical provisions of the law and law enforcement at the active level of the value-semantic personal sphere. For the purpose of more in-depth scientific research, we believe it is appropriate to designate this social phenomenon as legal deprivation of minors. The specifics of the content of legal education allow us to implement it in the following forms: subject, inter-subject, educational, institutional, project. The most appropriate approach is an integrated approach that combines all of the above forms.

scholarly journals A Capital Opportunity: Creating a New Zealand Jurisprudence in Public and International Law

2010 ◽  
Vol 41 (4) ◽  
pp. 703
Author(s):  
David Baragwanath
Keyword(s):  
New Zealand ◽  
International Law ◽  
Public Law ◽  
Law Schools ◽  
Global Context ◽  
Law Faculty ◽  
Written Form ◽  
The Creation ◽  
The Law ◽  
Court Of Appeal

This is the written form of a lecture delivered at the Law Faculty on 28 April 2010 by Justice Baragwanath as part of a series of lectures delivered the various New Zealand law schools, to mark the judge's retirement from the New Zealand Court of Appeal.  In this lecture the judge argues for the creation of a New Zealand public law that both acknowledges the special nature of New Zealand society and recognises the global context within which all New Zealand law must now fit and to some extent must be judged.

scholarly journals Climate Change and Law

2021 ◽  
Author(s):  
Margaret A Young
Keyword(s):  
Climate Change ◽  
International Law ◽  
Legal Education ◽  
Consumption Patterns ◽  
Legal Action ◽  
Law Schools ◽  
Address Climate Change ◽  
Production And Consumption ◽  
Domestic Law ◽  
Education And Law

Climate change is a global problem. This characterisation has major consequences for international law, domestic law and legal education. Drawing on legal developments, scholarship and pedagogy, this article has three main claims. First, it argues that lawyers dealing with climate change require proficiency across different areas of law, not just the law that seeks to limit greenhouse gas emissions. Secondly, to better understand how these areas of law fit together, and how they should fit together, the article points to relevant theories, including ideas relating to fragmentation and regime interaction within international law. Thirdly, the article examines ways in which legal education can encourage ethical and moral evaluations as well as strategic awareness, especially to ensure that legal action to address climate change does not perpetuate inequalities and injustice within the community of states. Legal education and law have important roles in mitigating climate change and in fostering a sensibility that recognises the unequal burdens between and within countries. In training the arbiters of global destiny, today’s law schools must continue to critique the law’s relationship with modern production and consumption patterns. 

An Historical Introduction to the Teaching of International Law in Canada Part III

1977 ◽  
Vol 14 ◽  
pp. 224-256 ◽  
Author(s):  
R. St. J. MacDonald
Keyword(s):  
International Law ◽  
Legal Education ◽  
Board Of Trustees ◽  
Law School ◽  
Late Afternoon ◽  
University Of Manitoba ◽  
The Law ◽  
The University

From 1872 until 1913 legal education in Manitoba was dependent almost entirely on apprenticeship, supplemented by private study. In 1913 the Law Society of Manitoba organized an improved programme of lectures for intending members of the bar and in 1914 the society entered into an agreement with the University of Manitoba to create and operate jointly the Manitoba Law School. The school's expenses were to be shared equally by the two parent bodies and its operations were to be supervised by a board of trustees consisting of two appointees chosen by each body and a chairman elected by the appointees. The school was modelled on the Osgoode Hall Law School in Toronto and offered a three-year lecture course leading to both the LL.B. degree and admission to practice. As at Osgoode Hall, enrolment at the law school was not regarded as a substitute for service under articles. Classes were held in the morning and late afternoon and students were expected to carry out office duties during the remainder of the day.

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