Legal education, ethics and access to justice: forging warriors for justice in a neo-liberal world

Nicolson, Donald

doi:10.1080/09695958.2015.1047840

Cited by 12 publications

(3 citation statements)

References 37 publications

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“…CLE has also been said to act as a vehicle for ethics-focused learning, 177 inculcating students with human rights-based values, 178 and promoting moral decision-making. 179 CLE is, therefore, an appropriate vehicle for developing the values espoused by KMC.…”

Section: G Kmc and Clementioning

confidence: 99%

A Kantian Moral Cosmopolitan Approach to Teaching Professional Legal Ethics

Madhloom

2022

German Law Journal

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This article argues that given the globalization of legal education and legal services, professional legal ethics should incorporate not only a cosmopolitan dimension but also sentiments such as compassion, respect, and sensitivity for human suffering. Inspired by the philosophy of Immanuel Kant and his theory of education, this article seeks to address some of the limitations of the professional codes of conduct for barristers and solicitors, in England and Wales, by applying a moral cosmopolitan approach to the teaching of professional legal ethics. This normative approach is underscored by a commitment to moral duties to persons irrespective of their nationality, gender, religion, or any other defining characteristic. These duties include promoting client autonomy and engaging in law reform. This article also argues that Clinical Legal Education programs are an appropriate methodology for teaching moral cosmopolitan ethics.

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Section: G Kmc and Clementioning

confidence: 99%

A Kantian Moral Cosmopolitan Approach to Teaching Professional Legal Ethics

Madhloom

2022

German Law Journal

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“…71 Access to justice is integral to legal ethics because it provides a moral justification for students and pro bono lawyers to assist clients who are unable to obtain legal aid. 72 In relation to the ethics of access to justice, Rawls argues that 'justice is the first virtue of social institutions'. 73 Reflecting on the scope of access to justice allows students to critique the role of social institutions in the distribution of fundamental rights and duties, and the manner in which they determine the advantages from social cooperation.…”

Section: Access To Justicementioning

confidence: 99%

Clinical Legal Education and Human Rights Values: A Universal Pro Forma for Law Clinics

Madhloom

Antonopoulos

2021

Asian Journal of Legal Education

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This article explores the theoretical foundations for a social justice–centric global law clinic movement. Our starting position is that law clinics, a type of clinical legal education (CLE), are in a unique position to engage in, and potentially promote, social justice issues outside their immediate communities and jurisdictions. To achieve this aim, it is necessary for law clinics to adopt a universal pro forma underpinned by the key concepts of CLE, namely social justice education and promoting access to justice through law reform. We argue that the main features of CLE are aligned with those of the Universal Declaration of Human Rights (UDHR) on issues such as human dignity and social justice. Incorporating UDHR values into CLE serves three purposes. First, it acts as a universal pro forma, which facilitates communication between clinics across jurisdictions, irrespective of their cultural or legal background. Second, it allows clinics to identify sources of global injustices and to share resources and expertise to collectively address injustices. Third, the theoretical approach advocated in this article argues that clinics have a Kantian moral right to engage in transnational law reform.

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“…Once again, some of the issues raised by this are around the level of awareness and support within the UK academic community and the potential pressures on resources. However, clinical legal education has already proved itself capable of providing and embracing innovative approaches that go much further than providing simply a form of "work experience" (see, for example, Nicolson, 2015;Nicolson, 2013;Duncan, 2005;Brayne et al, 1998).…”

Section: Laying the Foundations: Tj And Uk Legal Educationmentioning

confidence: 99%

Dissolving the stiff upper lip: Opportunities and challenges for the mainstreaming of therapeutic jurisprudence in the United Kingdom

Jones

Kawałek

2019

International Journal of Law and Psychiatry

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Although therapeutic jurisprudence ("TJ") is increasingly well-established internationally, particularly within the United States of America ("US"), to date it remains relatively unacknowledged within the United Kingdom ("UK"). This article will explore the opportunities presented within contemporary UK society for the greater promotion, and eventual mainstreaming, of TJ. It will also consider the challenges faced during this process and how best to overcome these. Its first key area of focus will be upon the potential role of legal education in the UK in educating law students (and academics) about TJ, considering which approaches are likely to be most effective in incorporating TJ perspectives, at what stage this should occur and to what extent TJ is likely to impact on the existing curricula at a time when proposed changes relating to entry into the legal profession are heavily influencing the work of Law Schools. The article will then move on to consider the receptiveness of the UK legal profession to the TJ paradigm in light of recent attempts to move to a competency-based approach to practice and to reconceptualise professionalism to meet the challenges of increasing fragmentation and corporatisation. The third key area it will explore is the UK's recent plans to reintroduce problem-solving courts ("PSCs") into its criminal justice system. The authors will discuss the downfall of the six UK Drug Court ("DC") pilots originally established in 2005 theorising upon their failures and reflecting upon whether the current UK criminal justice system is truly able to support a fresh round of PSC initiatives. The article will end with recommendations for ways in which the international TJ community should begin the process of mainstreaming TJ within the UK. It will conclude that there are currently significant opportunities to be utilised, but that this requires significant commitment and mobilisation amongst existing TJ scholars and practitioners.

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Legal education, ethics and access to justice: forging warriors for justice in a neo-liberal world

Cited by 12 publications

References 37 publications

A Kantian Moral Cosmopolitan Approach to Teaching Professional Legal Ethics

A Kantian Moral Cosmopolitan Approach to Teaching Professional Legal Ethics

Clinical Legal Education and Human Rights Values: A Universal Pro Forma for Law Clinics

Dissolving the stiff upper lip: Opportunities and challenges for the mainstreaming of therapeutic jurisprudence in the United Kingdom

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