Clinical Legal Education: Philosophical and Theoretical Perspectives PDF
Preview Clinical Legal Education: Philosophical and Theoretical Perspectives
“The past decade has seen a steady increase in the number of law schools in the UKofferingalawclinicexperiencetotheirstudents.Thisbookpromisestomake animportantcontribution toourunderstandingoftherichandvariedexperience 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 Edu- cation Organisation. Lucy Yeatman Director Liverpool Law Clinic Liverpool Law Clinic, School of Law and Social Justice “Thinking about Clinical Legal Education provides the perfect opportunity to pause, reflectandreconsider.Theseessaysbeautifullyarticulatethenaturalentwinement 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 DirectoroftheLegalAdviceCentre(CLE)–QueenMaryUniversityofLondon Barrister and Senior Lecturer “Thisisanexcitingandinnovativecollectionofessaysthatcollectivelyrepresenta timely contribution to Clinical Legal Education literature (CLE). The philoso- phical and epistemological insights articulated by the authors underscore the value of CLE, salute its history, and provide a fresh, twenty-first century per- spective on experiential learning, professionalism, and the challenges of con- temporary legal practice. It's a ‘must read’ for every law teacher’s bookshelf.” Rachel Spencer Associate 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 per- spectives intoclinicallegaleducation.Thefutureofthisexcitingandflexibleform of learning through experience is guaranteed, despite the challenges of lockdown, bytheinnovativeapproachesofcontributors,theirevidentpassionforjustice,and their ability to balance theory and practice.” Professor Simon Lee Open University Law School Thinking About Clinical Legal Education Thinking About Clinical Legal Education provides a range of philosophical and theo- retical 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. Omar Madhloomis aSenior Lecturer andSolicitor atthe UniversityofBristol LawSchool.Hiscurrentresearchfocusesonapplyingmoralphilosophytoclinical 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, knowledge exchange and technology enhanced learning. Emerging Legal Education Series Editors: Paul Maharg, Osgoode Hall Law School, York University, ON, Canada, Elizabeth Mertz, University of Wisconsin-Madison/American Bar Foundation, USA and Meera Deo, Thomas Jefferson School of Law, San Diego, CA, USA EmergingLegalEducationisaforumforanalysingthediscourseoflegaleducation and creating innovative ways of learning the law. The series focuses on research, theory and practice within legal education, drawing attention to historical, inter- disciplinary and international characteristics, and is based upon imaginative and sophisticated educational thinking. The series takes a broad view of theory and practice. Series books are written for an international audience and are sensitive to thediversityofcontextsinwhichlawistaught,learnedandpractised. Other titles in this series: Affect and Legal Education Emotion in Learning and Teaching the Law Edited by Paul Maharg and Caroline Maughan Imperatives for Legal Education Research Then, Now and Tomorrow Edited by Ben Golder, Marina Nehme, Alex Steel and Prue Vines Better Law for a Better World New Approaches to Law Practice and Education Liz Curran Public Legal Education The Role of Law Schools in Building a More Legally Literate Society Richard Grimes Thinking About Clinical Legal Education Omar Madhloom and Hugh McFaul https://www.routledge.com/Emerging-Legal-Education/book-series/ELE Thinking About Clinical Legal Education Philosophical and Theoretical Perspectives Edited by Omar Madhloom and Hugh McFaul Firstpublished2022 byRoutledge 2ParkSquare,MiltonPark,Abingdon,OxonOX144RN andbyRoutledge 605ThirdAvenue,NewYork,NY10158 RoutledgeisanimprintoftheTaylor&FrancisGroup,aninformabusiness ©2022selectionandeditorialmatter,OmarMadhloomandHughMcFaul; individualchapters,thecontributors TherightofOmarMadhloomandHughMcFaultobeidentifiedastheauthors oftheeditorialmaterial,andoftheauthorsfortheirindividualchapters,has beenassertedinaccordancewithsections77and78oftheCopyright,Designs andPatentsAct1988. Allrightsreserved.Nopartofthisbookmaybereprintedorreproducedor utilisedinanyformorbyanyelectronic,mechanical,orothermeans,now knownorhereafterinvented,includingphotocopyingandrecording,orinany informationstorageorretrievalsystem,withoutpermissioninwritingfromthe publishers. Trademarknotice:Productorcorporatenamesmaybetrademarksorregistered trademarks,andareusedonlyforidentificationandexplanationwithoutintent toinfringe. BritishLibraryCataloguing-in-PublicationData AcataloguerecordforthisbookisavailablefromtheBritishLibrary LibraryofCongressCataloging-in-PublicationData Acatalogrecordhasbeenrequestedforthisbook ISBN:978-0-367-27349-1(hbk) ISBN:978-1-032-10131-6(pbk) ISBN:978-0-429-29924-7(ebk) DOI:10.4324/9780429299247 TypesetinBaskerville byTaylor&FrancisBooks To Dr John Frederick Huntley (1949–2020) (Omar Madhloom) To Claudine, Maddie, Meri, Rupert and Sherbet (Hugh McFaul) Contents List of tables xi Foreword xii Acknowledgements xiv List of contributors xv Introduction 1 OMARMADHLOOMANDHUGHMCFAUL 1 Place-based education: Clinical Legal Education and ethics 7 SARAHBUHLERANDRACHELSTALKER 2 Clinical Legal Education and Therapeutic Jurisprudence in the Disability Rights Clinic 29 RONIROTHLER 3 Capitalising on Clinical Legal Education: Insights from Bourdieu 49 ANDREWGILBERT 4 Clinical Legal Education in Brazil: Insights from Paulo Freire’s pedagogy 69 FERNANDALAPAANDHORÁCIORODRIGUES 5 Luigi Ferrajoli’s theory of fundamental rights and Clinical Legal Education 86 ANDRÉSGASCÓN-CUENCA 6 Applying Rawls’ theory of justice to Clinical Legal Education in the Republic of Croatia 104 OMARMADHLOOMANDBARBARAPRELOŽNJAK 7 Towards a capability approach to Clinical Legal Education 124 HUGHMCFAUL
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