1st Edition
Thinking About Clinical Legal Education Philosophical and Theoretical Perspectives
Thinking About Clinical Legal Education provides a range of philosophical and theoretical frameworks that can serve to enrich the teaching and practice of Clinical Legal Education (CLE). CLE has become an increasingly common feature of the curriculum in law schools across the globe. However, there has been relatively little attention paid to the theoretical and philosophical dimensions of this approach. This edited collection seeks to address this gap by bringing together contributions from the clinical community, to analyse their CLE practice using the framework of a clearly articulated philosophical or theoretical approach. Contributions include insights from a range of jurisdictions including: Brazil, Canada, Croatia, Ethiopia, Israel, Spain, UK and the US. This book will be of interest to CLE academics and clinic supervisors, practitioners, and students.
Introduction
Omar Madhloom and Hugh McFaul
Chapter 1
Place Based Education: Clinical Legal Education and Ethics
Sarah Buhler and Rachel Stalker
Chapter 2
Clinical Legal Education and Therapeutic Jurisprudence in the DRC
Roni Rothler
Chapter 3
Capitalising on Clinical Legal Education: Insights from Bourdieu
Andrew Gilbert
Chapter 4
Clinical Legal Education in Brazil: Insights from Paulo Freire's Pedagogy
Fernanda Lapa and Horácio Rodrigues
Chapter 5
Luigi Ferrajoli’s Theory of Fundamental Rights and Clinical Legal Education
Andrés Gascón-Cuenca
Chapter 6
Applying Rawls’ theory of justice to Clinical Legal Education in the Republic of Croatia
Omar Madhloom and Barbara Preložnjak
Chapter 7
Towards a Capability Approach to Clinical Legal Education
Hugh McFaul
Chapter 8
Neoliberalism and Street Law: Examining the success of a communitarian initiative in a neoliberal higher education system
Ben Perdue
Chapter 9
Using Institutional Theory in Legal Education
Peter Čuroš
Chapter 10
Legal Pluralism and Clinical Legal Education in Ethiopia: The contribution of legal aid clinics in realizing access to justice
Getachew Assefa Woldemariam
Chapter 11
The University of The Gambia Law Clinic: the role of a university law clinic in securing access to justice from the perspective of human rights and duties
Christopher F Gray
Chapter 12
Developing reflective practitioners through human rights education in relation to HIV-positive migrant clients
Miguel A Ramiro Avilés and Omar Madhloom
Chapter 13
Clinical Legal Education: a paradigm for business entities
Tobore O Okah-avae
Chapter 14
Rebellious lawyering theory, sustainability and Clinical Legal Education
Richard Owen
Chapter 15
Teaching Movements
Scott L Cummings
Biography
Omar Madhloom is a Senior Lecturer and Solicitor at the University of Bristol Law School. His current research focuses on applying moral philosophy to clinical legal pedagogy.
Hugh McFaul is Director of the Open Justice Centre at The Open University and has research interests in the public understanding of law, legal ethics and technology enhanced learning.
“The past decade has seen a steady increase in the number of law schools in the UK
offering a law clinic experience to their students. This book promises to make an
important contribution to our understanding of the rich and varied experience that
clinical legal education can bring to law schools. The global reach of the book and
the application of pedagogical and legal theories to law clinic settings offers a rich
and valuable resource that will be of interest, not only to the clinic legal
community, but to all educators interested in transformative educational
experiences grounded in social justice and community partnerships.”- Lucy
Yeatman, Director Liverpool Law Clinic, Co-Chair Clinical Legal Education
Organisation.
“Thinking about Clinical Legal Education provides the perfect opportunity to pause,
reflect and reconsider. These essays beautifully articulate the natural entwinement
of bustling student law clinics, and a wide spectrum of philosophical theories. An
inspiring and essential read which rightfully challenges the reader to keep ethics at
the forefront of legal education.”
- Frances Ridout, Director of the Legal Advice Centre (CLE) – Queen Mary
University of London, Barrister and Senior Lecturer
“This is an exciting and innovative collection of essays that collectively represent a
timely contribution to Clinical Legal Education literature (CLE). The philosophical
and epistemological insights articulated by the authors underscore the value of
CLE, salute its history, and provide a fresh, twenty-first century perspective on
experiential learning, professionalism, and the challenges of contemporary legal
practice. It's a 'must read' for every law teacher's bookshelf.” - Rach Spencer,
Assocate Professor Director, Monash Law Clinics - Clayton & Melbourne,
Monash University
"The editors are to be congratulated on drawing together such a team of all the
talents to contribute to this timely collection of essays with its diverse global
perspectives into clinical legal education. The future of this exciting and flexible
form of learning through experience is guaranteed, despite the challenges of
lockdown, by the innovative approaches of contributors, their evident passion
for justice, and their ability to balance theory and practice." - Professor Simon
Lee, Open University Law School
This book is an important and timely publication for several reasons. First, it marks a significant departure from existing scholarship on experiential learning in law. It goes beyond the ‘why’ and the ‘how’ of setting and running legal clinics – that much of the existing literature looks at, as valuable as this is – and focuses on broader and in-depth analyses of what such a form of education can involve. Secondly, the book marks what might be considered to be a coming of age for clinical legal education (CLE). Earlier work largely sought to justify the need for and worth of CLE. With CLE firmly established in many, possibly now most, jurisdictions on the global stage there is less need to concentrate on merit and justification and more of an opportunity to explore some of the fascinating and important dimensions of this approach the learning and teaching of law and the legal process. Hence we see chapters reflecting the philosophical, ethical and human rights considerations involved in planning, designing, running and evaluating CLE not to mention the political context in which this all takes place. In addition the book represents a departure from the mould of previous work in that it shows very clearly the need for theory in understanding and implementing CLE as well as showing the potential for further research and debate. CLE is now part of the curriculum across law schools in the civil, common, Shari’s and customary law worlds and without doubt is here to stay. This publication makes that very clear indeed and adds considerably to the body of knowledge on the subject.
Richard Grimes, Visiting professor Edinburgh Law School and Charles University, Prague
