Thinking About Clinical Legal Education

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 UKoffering a law clinic experience to their students. This book promises to make animportant contribution to our understanding of the rich and varied experience thatclinical legal education can bring to law schools. The global reach of the book andthe application of pedagogical and legal theories to law clinic settings offers a richand valuable resource that will be of interest, not only to the clinic legalcommunity, but to all educators interested in transformative educationalexperiences grounded in social justice and community partnerships.”- LucyYeatman, Director Liverpool Law Clinic, Co-Chair Clinical Legal EducationOrganisation.“Thinking about Clinical Legal Education provides the perfect opportunity to pause,reflect and reconsider. These essays beautifully articulate the natural entwinementof bustling student law clinics, and a wide spectrum of philosophical theories. Aninspiring and essential read which rightfully challenges the reader to keep ethics atthe forefront of legal education.”- Frances Ridout, Director of the Legal Advice Centre (CLE) – Queen MaryUniversity of London, Barrister and Senior Lecturer“This is an exciting and innovative collection of essays that collectively represent atimely contribution to Clinical Legal Education literature (CLE). The philosophicaland epistemological insights articulated by the authors underscore the value ofCLE, salute its history, and provide a fresh, twenty-first century perspective onexperiential learning, professionalism, and the challenges of contemporary legalpractice. 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 thetalents to contribute to this timely collection of essays with its diverse globalperspectives into clinical legal education. The future of this exciting and flexibleform of learning through experience is guaranteed, despite the challenges oflockdown, by the innovative approaches of contributors, their evident passionfor justice, and their ability to balance theory and practice." - Professor SimonLee, Open University Law SchoolThis 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

• Introduction Omar Madhloom and Hugh McFaulChapter 1Place Based Education: Clinical Legal Education and EthicsSarah Buhler and Rachel StalkerChapter 2Clinical Legal Education and Therapeutic Jurisprudence in the DRCRoni Rothler Chapter 3Capitalising on Clinical Legal Education: Insights from BourdieuAndrew GilbertChapter 4Clinical Legal Education in Brazil: Insights from Paulo Freire's PedagogyFernanda Lapa and Horácio RodriguesChapter 5Luigi Ferrajoli’s Theory of Fundamental Rights and Clinical Legal EducationAndrés Gascón-CuencaChapter 6Applying Rawls’ theory of justice to Clinical Legal Education in the Republic of CroatiaOmar Madhloom and Barbara PreložnjakChapter 7Towards a Capability Approach to Clinical Legal EducationHugh McFaulChapter 8 Neoliberalism and Street Law: Examining the success of a communitarian initiative in a neoliberal higher education systemBen PerdueChapter 9Using Institutional Theory in Legal EducationPeter ČurošChapter 10Legal Pluralism and Clinical Legal Education in Ethiopia: The contribution of legal aid clinics in realizing access to justiceGetachew Assefa WoldemariamChapter 11The 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 GrayChapter 12Developing reflective practitioners through human rights education in relation to HIV-positive migrant clientsMiguel A Ramiro Avilés and Omar Madhloom Chapter 13Clinical Legal Education: a paradigm for business entitiesTobore O Okah-avaeChapter 14Rebellious lawyering theory, sustainability and Clinical Legal EducationRichard OwenChapter 15Teaching MovementsScott L Cummings