Abstract
The history of clinical legal education (CLE) in the United States is more than one hundred years old, and the United States is regarded as the first country to start such an experiential learning method of law teaching.1 The Dean of Harvard Law School, Christopher Columbus Langdell, in 1870 started the case method of law teaching, which replaced the earlier apprenticeship training or study of law as an abstraction.2 Langdell’s method of teaching resulted in law students “study[ing] selected appellaThe opinions and distill[ing] from them the evolution of legal principles.”3 George S. Grossman described Langdell’s method as one in which a mental process was involved in the analysis, synthesis, and distinction of appellaThe opinions, which created a dialogue between student and teacher designed to elicit the underlying reasoning and principles involved.4 Margaret Martin Barry described the method in the following way:
The casebook method’s emphases on appellate judicial decisions and the Socratic method as the means to teach the skill of legal analysis … and an analytical and systematized approach to the law as interconnected rational principles, taught primarily through lectures at proprietary law schools.5
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Preview
Unable to display preview. Download preview PDF.
Similar content being viewed by others
Notes
See generally Margaret M. Barry, Jon C. Dubin, and Peter A. Joy, “Clinical Education for this Millennium: The Third Wave” (2000) 7 Clinical L. Rev. 1, 5.
George S. Grossman, “Clinical Legal Education: History and Diagnosis” (1973–1974) 26 J. Legal Educ. 162, 163.
See generally Jerome Frank, “Why Not a Clinical Lawyer-School?” (1932–1933) 81 U. Pa. L. Rev. 907. But some scholars, such as John Norton Pomeroy, Professor at the University of New York City (now known as New York University), used a case method of instruction several years before Langdell introduced this method of instruction at Harvard. However, Langdell was credited as he had satisfactorily used this method as the Dean of Harvard Law School.
See Joel Seligman, The High Citadel: The Influence of Harvard Law School (Houghton, Mifin, 1978) 32–42;
Anthony Chase, “The Birth of the Modern Law School” (1979) 23 Am. J. Legal Hist. 329, 333;
Robert Stevens, Law School: Legal Education in America from the 1850s to the 1980s (The University of North Carolina Press, 1983) 3, 52.
J.W. Hurst, Growth of American Law: The Law Makers (Little, Brown and Company, 1950) 263.
Alan A. Stone, “Legal Education on a Couch” (1971) 85 Harv. L. Rev. 392.
See Louis L. Jafe, “Commentaries on Mr. Shea’s Lecture” (1962–1963) 12 Buf. L. Rev. 280, 287.
Jerome Frank, “Why Not a Clinical Lawyer-School?” (1932–1933) 81 U. Pa. L. Rev. 915.
Jennifer Howard, “Learning to ‘Think Like a Lawyer’ Trough Experience” (1995) 2 Clinical L. Rev. 167, 172.
Barry et al. (n 1) 6. See Charles R. McManis, “The History of First Century American Legal Education: A Revisionist Perspective” (1981) 59 Wash. U. L.Q. 597.
Legal aid centers were established by law students at schools such as University of Denver, The George Washington University, Harvard University, University of Minnesota, Northwestern University, University of Pennsylvania, and University of Tennessee. See John S. Bradway, “The Nature of a Legal Aid Clinic” (1930) 3 S. Cal. L. Rev. 173, 174;
William V. Rowe, “Legal Clinics and Better Trained Lawyers—A Necessity” (1917) 11 Ill. L. Rev. 591.
See William V. Rowe, “The People’s Law Bureau” (1920–1921) 15 Ill. L. Rev. 424, 430–431.
Harold D. Lasswell and Myres S. Mcdougal, “Legal Education and Public Policy: Professional Training in the Public Interest” (1942–1943) 52 Yale L.J. 203, 229.
R. F. Boden, “Is Legal Education Deserting the Bar?” (1970) 37 Ins. Counsel J. 97, 99.
Justice has no absolute meaning because it, too, like all knowledge, is grounded in context. At a minimum, however, those of us who dedicate ourselves to social justice must ask ourselves if our proposed action as a lawyer will support and increase human dignity. See Jane H. Aiken, “Provocateurs for Justice” (2000–2001) 7 Clinical L. Rev. 287, 296. I believe that teaching law students to be socially conscious practitioners is at the heart of clinical education and should be at the heart of a good legal education. Equal access to justice cannot be achieved if legal services are not made available to the poor and subordinated and if the barriers they face are not challenged. For many schools, community service and social justice are very much an aspect of the mission of CLE.
See Antoinette S. Lopez, “Learning Through Service in a Clinical Setting: The Effect of Specialization on Social Justice and Skills Training” (2000–2001) 7 Clinical L. Rev. 307, 310.
Charles E. Ares, “Legal Education and the Problem of the Poor” (1964–1965) 17 J. Legal Educ. 307, 310.
Arthur Kinoy, “The Present Crisis in American Legal Education” (1969–1970) 24 Rutgers L. Rev. 1, 8.
Martin Guggenheim, “Fee Generating Clinics: Can We Bear the Costs?” (1994–1995) 1 Clinical L. Rev. 677, 679.
See Nina Tarr, “Current Issues in Clinical Legal Education” (1993) 37 How. L. J. 31;
Jane H. Aiken, “Striving to Teach ‘Justice, Fairness and Morality’” (1997) 4 Clinical L. Rev. 1.
See Jon C. Dubin, “Clinical Design for Social Justice Imperatives” (1997–1998) 51 S.M.U. L. Rev. 1461, 1475–1476.
Frank S. Bloch and Iqbal S. Ishar, “Legal Aid, Public Service and Clinical Legal Education: Future Directions from India and the United States” (1990–1991) 12 Mich. J. Int’l. L. 108.
See generally Gary Bell et al., “Legal Education in Asia” (2006) 1 Asian J. Comp. L. 1.
Carlos Medina, “Law Schools and Legal Aid: The Philippine Experience” unpublished paper presented at the SE Asia CLE Conference, November 26–30, 2005, Phnom Penh, Cambodia.
Malee Pruekpongsawalee, “Thammasat Clinical Education and the Delivery of Legal Service: A Historical and Personal Perspective” in Louise G. Trubek and Jeremy Cooper (eds.) Educating for Justice Around the World (Ashgate, 1999) 127.
Pamela Phan, “Clinical Legal Education in China: In Pursuit of a Culture of Law and a Mission of Social Justice” (2005) 8 Yale Hum. Rts. & Dev. L.J. 128.
See Panarairat Srichaiyarat, “Clinical Legal Education: An Option for Tai Legal Education Reform” (2012) 5 Naresuan U. L.J. 80–108;
Panarairat Srichaiyarat, “Thai Qualifications Framework for Higher Education and Clinical Legal Education” (2012) 3 Assumption U. L.J. 18–31;
Bruce Laskyand Norbani M. Nazeri, “The Development and Expansion of University-Based Clinical/Community Legal Education Programs in Malaysia” (2011) 11 Int’l J. Clin. Legal Educ. 59–74.
Christopher Walsh, Bruce Lasky, Wendy Morrish, and Nada Chaiyajit, “Strengthening Access to Justice Trough Clinical Legal Education” (2012) 6 Transforming Gov’t: People, Process and Pol’y 380–391. Emerald Online Article.
Editor information
Editors and Affiliations
Copyright information
© 2015 Shuvro Prosun Sarker
About this chapter
Cite this chapter
Lasky, B.A., Sarker, S.P. (2015). Introduction: Clinical Legal Education and Its Asian Characteristics. In: Sarker, S.P. (eds) Clinical Legal Education in Asia. Palgrave Macmillan, New York. https://doi.org/10.1057/9781137517531_1
Download citation
DOI: https://doi.org/10.1057/9781137517531_1
Publisher Name: Palgrave Macmillan, New York
Print ISBN: 978-1-137-51752-4
Online ISBN: 978-1-137-51753-1
eBook Packages: Palgrave Social Sciences CollectionSocial Sciences (R0)