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customary law structures, often with a number of these structures The case method of legal teaching was criticized as an ‘aggressive,
existing within a single nation state. These legal systems have a demeaning and destructive of group cohesion’7 and ‘wasteful of
multitude of roots and origins, with some dating back centuries class time’.8 Jerome Frank described Langdell’s model as:
The history of clinical legal education (CLE) in the United States is impossible to warp over the old so-called case system so as to
resulted in law students ‘study[ing] selected appellate opinions and The case method of legal teaching was not able to help a future
distill[ing] from them the evolution of legal principles’. George S. lawyer develop the skills required in an actual situation as it
Grossman described Langdell’s method as one in which a mental emphasized a clientless analysis in a situation of competition and
process was involved in the analysis, synthesis and distinction of isolation.10 Students were taught to prepare only for exams, which
appellate opinions, which created a dialogue between student and resulted in a system of ‘every man for himself’. This isolation
teacher designed to elicit the underlying reasoning and principles narrowed the opportunity for the students to learn the necessary
involved. Margaret Martin Barry described the method in the skills of teamwork, which is a very important factor in actual legal
following way: practice.11 These elements of the case method prompted legal
other mission, apart from the curricular objective, behind this decisions can be made to implement effectively democratic
initiative was to play a social justice role by providing legal values’.20 According to realists, law students should go beyond the
assistance to the underprivileged sections of society.14 In 1916, the letter of the law or the wording of a judicial opinion to understand
New York State Bar Association adopted a resolution requiring that the social and psychological forces on the basis of which a law or
‘every law school shall make earnest clinical work, through legal judicial opinion is made.21 However, after the Second World War,
aid societies or other agencies, a part of its curriculum for its full neorealists started to propagate a new idea of teaching the law that
course’.15 This was obviously a crucial decision following the would equip students better to be policymakers in society.22
William V. Rowe in 1917 was one of those persons who first talked students in a functional social–legal setting, the neorealists shifted
about the importance of clinical education in law schools and put training ‘away from the purpose of technical competence’. 23 The
forward the jurisprudence behind it. He emphasized analysis of the neorealists’ idea of developing law students into policymakers did
issues of the day by students and put forward the moral as to not gain sufficient momentum; however, the teaching of ethics and
society and to his fellow men, and, in so doing, to combat the Reed whose report supported the ideas of the realists and
idea, prevalent for two generations past, that the law is simply emphasized the need to provide law students with a general
one means, like any trade, of making a living, and is freely education, theoretical knowledge of the law and practical skills
open to the world without serious restrictions as to training.25 In 1944, the Committee on Curriculum of the Association
qualifications, and with no special resulting social obligations. 17 of American Law Schools produced a report titled ‘The Place of
students from the beginning of their law school instruction with the The ‘Social Justice’27 Orientation Ab Initio
help of the Bar, much like an internship system. However, he
anticipated the problem of connecting a law clinic with a lawyer’s There was no particular vision of CLE during the first 50 years of
office and, finally, argued that clinical work should be done by law its existence.28 The early advocates of CLE campaigned for the skills
schools alone with the help of the state.18 Following the First World training of law students and for providing access to justice for the
War, the emergence of a realist school of jurisprudence played a underprivileged population, and supported the legal realism
crucial role in developing ‘CLE’ in America. The realist movement movement.29 The neorealists’ notion of developing future lawyers
influenced law schools to start teaching the social sciences, and the as policymakers led to the addition of new courses like professional
research method began moving towards being empirical in ethics to the law school curriculum.30 The movement for social
nature.19 Advocates of realism do not believe that judicial opinions relevance in the law school curriculum in the United States in the
are the result of rules of logic based on precedent, but rather that 1960s became the primary objective of CLE, of ‘us[ing] law as an
instrument for social justice and change’.31Charles E. Ares found According to Jon Dubin, CLE promotes the essentials of social
that there was a desire among law students ‘to help make the law justice primarily in three ways:40
serve the needs of the poor. Only the techniques for meeting that
1. By promoting access to justice for the underprivileged
desire are missing’.32 Therefore, it was then necessary to start
through representing them in various forums.
thinking about developing the curriculum by starting a dialogue
2. By exposing law students to the responsibility for public
among law teachers. Frank’s idea of establishing clinics inside the
service or pro bono work.
law school was really welcomed at the time because of its potential
3. By creating an understanding of the relationship between law
for uniting theory and practice.33 Most of the clinicians were not
and social justice among the law students.
interested in teaching the skills of legal practice; rather, they
wanted to put the students into the real world to experience the
All three ways have some effect on the learning of a law student
feeling of representing a client and thus learn the complexities and
about social justice values because the unique experience that is
essentials of legal practice.34 Law schools in the 1960s and 1970s
gained cannot be properly explained by the student’s prior
‘expanded clinics to demystify law for students and to represent
understanding of law and legal procedure.41 The student is
client communities with claims that thrust clinical programs into
required to properly follow up on a process that can help him to
the civil rights, consumer rights, environmental rights, and poverty
think critically beyond any beliefs, values and norms.42 In this
rights movements’.35 Their aim was to represent the indigent client,
phase, clinicians have to play a greater role by shaping the
as there is a different market for legal professionals who represent
student’s reflective thinking. Finally, through this reorientation, the
paying clients. So the commitment to CLE was intended to be
student’s perspective is changed, and he can explain the unusual
strictly attached to concerns for social justice, and this would be
experiences he has gained. When a student is representing a client
helpful not only for the indigent client but also for the student who
and understands the client requires legal representation, without
experienced real-world circumstances.36 This movement for social
which his or her problems cannot be solved, this makes the student
justice education is considered to be a return to the roots of
much more responsible. This responsibility to an individual client
CLE.37 Thus, ‘clinics play a critical role, both in terms of educating
will be transformed into social responsibility when the student’s
students to their professional obligations and sensitizing them to
understanding of society is increased by representing the
the needs of people’.38 Jane H. Aiken, describing the goal of social
underprivileged. Therefore, to generate this type of understanding
justice education, quotes Lee Anne Bell, who said that
among law students, it is necessary to educate them in order to
The goal of social justice education is full and equal secure social justice. The Report of the Committee on the Future of
participation of all groups in a society that is mutually shaped In-House Clinics of the American Association of Law Schools 1992,
to meet their needs. Social justice includes a vision of society in quoting Gary Palm, urges clinicians to include instruction on this
We envision a society in which individuals are both self- [T]hey will never otherwise receive. This instruction includes
determining (able to develop their full capacities) and learning about poverty…. They should confront the failure of
interdependent (capable of interacting democratically with our government to provide equal justice and fair legal
others). Social justice involves social actors who have a sense of procedures for the poor. We should help them structure their
their own agency as well as a sense of social responsibility careers to include pro bono work through community group
toward and with others and the society as a whole.39 representation, litigation and legislative advocacy.43
Frank Bloch, discussing the benefits of instructing students on the The same may also be said for the multifaceted characteristics of
social justice responsibility of the legal profession by involving Asian legal education. Yet, although there exists a multitude of
students in legal aid activities, states that the unique legal education practices, many common attributes
students when they are first exposed to legal aid activities and resources.45 One primary challenge with respect to legal education,
the notion of professional public service.44 for example, which cuts across most Asian national borders, is that
students are often passive learners, and teachers are seen as ‘gurus
The lack of access to justice for the underprivileged is a problem imparting knowledge’. This scenario not only exists at the law
rooted deep in any legal system in the world. Thus, it is always school level but is most often also true of the basic education level
important as a law student to find the reasons behind it in order to of most students prior to entering their law study.46Moreover, law
arrive at the solutions for it. Clinical teachers should take the being a bachelor-level programme in most Asian countries, it is
initiative in teaching students to fight for the underprivileged. They common that lawyering skills and the professional lawyering ethics
should expound on the ideas of justice, morality and rights, and and societal responsibility are not taught until after students
expose how these noble ideas are getting scattered by the complete their undergraduate programmes.
inequitable distribution of wealth. This form of education can
create sensitivity to human suffering among law students and show Yet, within these common challenges, there exists a growing
the original roots of CLE and its further direction for the next change in many Asian countries and law programmes, which has
century or so. included a CLE movement. This trend has fervently developed and
Empowerment, Justice and Skills An examination of this regional CLE movement would show that it
possess a mixture of common law, civil law, Sharia law and A number of CLE programmes, including the Ateneo University
customary law structures, often with a number of these structures Human Rights Center (AHRC) in the Philippines,47 train students
existing within a single nation state. These legal systems have a to use a participatory method of representation when working with
multitude of roots and origins, with some dating back centuries clients. Rather than utilizing a top-down approach, clients are
and others having a more recent strong colonialist influence. treated as equals throughout the representation process. In this
manner, the lawyer’s role is not restricted to just solving a client’s Rather, although the Philippines developed accredited CLE course
problem and delivering the answers or solutions through a one- structures early on, another common Asian CLE characteristic was
way exchange. Rather, the client is involved as a co-decision-maker. that most other clinic-type programmes existing in the region were
means of achieving a break in the often cycle of need. This problematic situation can be demonstrated through a review
Conventionally, clients meet lawyers looking to have their legal of the Thammasat University, Thailand, legal clinic. Started in 1949,
problems resolved. In these scenarios, once the immediate need is it has for years in Thailand often been hailed as a model CLE
worked out, it is not unusual for these persons to return to the same programme, which focuses on providing a broad variety of legal
environment from which they came. This frequently leads, often services to the public.49 Yet, to this day, the clinic has yet to be
only a short time later, to the development of similar or identical integrated into a structured, credit-bearing course.50 For many
problems. It is a type of Band-Aid approach to problem-solving. years, similar to Thammasat, there has seemed to be a lack of
Traditional lawyering is seen as a mechanism that ‘promotes a connection between universities developing CLE programmes that
client dependency on the lawyer instead of encouraging legal self- provide both a social justice mission and simultaneously integrated
reliance on the part of marginalized groups’.48 programmes with an accredited legal education course.
Alternative lawyering, which is a client-focused representation Moreover, comparable to the lack of CLE-accredited programmes,
method, is a tool for lowering the rate at which clients’ needs are there was also no common movement to apply and use CLE
repeated. Students in clinic programmes, employing alternative methods in the traditional, doctrinal or elective courses. Rather
lawyering techniques, are taught to listen to clients and hear what than use these methods, which apply an interactive, student-
they are saying. They are taught to learn from their clients and to centred, reflective approach, and include a focus on social justice,
sit back and allow the client to guide the decision-making process, ethics and professionalism, lectures continued to be the primary
which is often a difficult technique for the control-minded mode of teaching. At best, CLE methods were often limited to
personalities that many attorneys possess. being used for students in clinic programmes.
Moreover, in working to further empower communities, these Early in the twenty-first century, this situation started to shift as
alternative lawyering methods often focus on group representation universities in a number of Asian countries began to align both the
rather than individuals. They focus on the ‘social or structural pedagogy and the social justice mission in their CLE programmes
problems’ of ‘the poor and vulnerable groups’. Along with the with the methods. Building on these experiences, a regional
representation of the groups, a primary goal is empowerment in breakthrough occurred in 2005 when the First Southeast Asia
the social, economic and political sphere. Clinical Legal Education Conference was held in Phnom Penh,
already engaged in CLE who were interested in expanding their of Cambodia in 2004, followed by the University of Malaya and
programmes to include both a social justice theme and an Universiti Teknologi MARA (Malaysia) in 2007. The growth of CLE
accredited course programme. in Vietnam is often attributed to a 2009 study visit to Thailand
components. As well, there was a strong concentration on the ways This community character has also brought about the creation of
and means of utilizing CLE methods in traditional law-teaching CLE associations and networks, which have further been a factor in
subjects. fueling the CLE movement. This can be exemplified in part in the
programmes are moving towards a more standardized practice Moreover, the regional CLE advancements have also been due to
throughout Asia, and CLE methods are much more widely the concerted efforts of organizations and institutions promoting
appreciated, accepted and used in law school instruction. the expansion of CLE. In addition to the Ford Foundation, which
sense of familial unity. Among the numerous examples, some of CLE-related research and academic writing has also begun to play
the more noted ones include the visit to both Ateneo University a significant role in its regional development. This factor is often
stressed to nascent CLE law lecturers as one of the many benefits of Other challenges have included a lack of training, in both the
being involved in CLE programmes, as well as the need to use CLE progressive teaching methods of many of law teachers and
methods.52 In the past few years, it has become more common for practical lawyering skills. This has been coupled with the fact that
publications with a sole or substantial focus on CLE development in Asia, unlike with clinic programmes in the United States and a
in the Asian context to be produced. The strategic advocacy value number of other countries, which often have 8–10 students per
of such publications should not be minimized. They have been clinic course, class sizes may exceed 100 students.
As a result of this combination of factors, CLE has begun to traditional direct client service clinics often seen in the United
develop a solid foundation throughout Asia as an initiative aimed States and other Western countries. As an example, many CLE
at building formal legal education, access to justice and the rule of programmes throughout Asia are engaged in community legal
law. The demand for the introduction of new programmes and the education activities, as this provides a forum for many more
strengthening of existing ones continues to increase with the students to be involved, with many student groups participating in
appreciation of CLE’s value in assisting in the reform of legal community legal education activities with a number of different
education while simultaneously providing new tools for communities throughout a semester.
These successes have also been accompanied by a number of if the programmes are properly developed with a primary focus on
common challenges throughout Asia. Since CLE is still somewhat quality educational, rather than quantity delivery services, they
unfamiliar to more traditional educators and policymakers, there will help ensure the exponential development of many more future
has been a hurdle at a number of institutions in receiving approval ethically and professionally trained legal aid-oriented actors. This
for accredited clinical courses. This has a direct impact on the provides the basis for an at-scale paradigm shift that will positively
amount time that both law teachers and students can be engaged in strengthen the legal profession and legal system.
complete view of the present state of CLE in Asia. At best, it is fair The BABSEA CLE CLE model draws on critical pedagogy to assist
to say that against the backdrop of successes and challenges prospective lawyers and advocates for justice to develop a critical
described herein, there has been much forward movement and stance challenging exclusion based on biases and the practice of
growth. New CLE initiatives have begun, and many others are ‘othering’. BABSEA CLE-supported CLE programmes in Asia are
being considered. One such example includes Myanmar, which has committed to the development of critical epistemologies, ethics of
embarked on a nationwide CLE development programme caring, compassion and solidarity, and actively strive to heighten
involving all 18 law departments. This programme has moved law students’ and faculty members’ understanding of social
forward with the broad support of the Myanmar government, disparities and consideration of alternatives to existing structural
UNDP, BABSEA CLE and private sector legal partners, including arrangements that are conducive to legal inequality.59
When looking at the current CLE systematic programmes and open educational resources (OERs). The model’s success is, in part,
methods being applied throughout much of Asia, it is important to the result of working within a networked community of critical
note a particular model employed by BABSEA CLE. This approach friends and advocates who promote a transparent rule of law and
strives to transcend tolerance and strengthen access to justice increased access to justice within NSAs and LSAs both locally and
1. Ensures the growth of university-based CLE programmes Other new regional developments have included the intersection
focusing on legal empowerment for socially vulnerable and between the CLE movement and the emerging global pro bono
marginalized individuals and communities; movement. Both the public and private sectors have come to
2. Assists in developing a networked cadre of pro bono and understand how pro bono initiatives can work in conjunction with
community service-minded law graduates and civil society and support CLE programmes. They furthermore comprehend that
advocates for justice; CLE programmes develop the next generation of pro bono leaders
3. Encourages the embodiment of CLE approaches that and advocates, and thereby support the pro bono movement. Seen
transcend the notion of tolerance, enabling advocates for as mutually supportive, these regional and global energies were
justice to stand in solidarity with poor, vulnerable and formally joined, beginning at the Inaugural Asia Pro Bono
marginalized communities; and Conference held in Laos (September 2012) and co-organized by the
4. Facilitates local and global linkages between CLE National University of Laos Faculty of Law and Political Science.
programmes and nonstate actors (NSAs), including civil Since that time, two similar Asia regional events have been co-
society organizations, law firms, corporations and local state organized by universities, including in Vietnam (October 2013)
and, more recently, in Singapore (September 2014). In September The movement forward is likely to face a number of surges and
2015, the Fourth Asia Pro Bono Conference and Legal Ethics Forum stalls. Yet, based on the experiences of past occurrences, it will be a
has been organized by three Myanmar university law departments forward movement nonetheless. It will also be a movement that
way.
Another recent development, which is greatly attributed to the
justice teachings into the formal law curricula of many law schools
responsibility course. For those that do, they often fail to connect
Conclusion