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The Ambivalent Role of Experiential Learning in American Legal Education and the Problem of Legal Culture
- Source :
- German Law Journal. 10:815-822
- Publication Year :
- 2009
- Publisher :
- Cambridge University Press (CUP), 2009.
-
Abstract
- Recent criticism of American legal education has focused on its being theory-driven rather than practice driven, which either produces or reinforces a divide or gap between theory and practice. Yet two of its prominent features expressly draw upon experiential learning, one directly by sending students into experiential learning situations (legal clinics) and the other indirectly by bringing instructors who are engaged full-time in active practice into the classroom (adjunct faculty). This article briefly reviews the ambivalent position of clinics and adjunct faculty in American legal education, to explore the degree to which these approaches to skills development can, or should, be transplanted to other systems of legal education. Drawing on accounts of efforts to develop clinical methods in countries with less adversarial systems, it concludes that legal culture is a critical element in the success, or lack thereof, in transplantation of these approaches.
- Subjects :
- 050502 law
05 social sciences
Experiential education
ComputingMilieux_LEGALASPECTSOFCOMPUTING
Ambivalence
Experiential learning
Adjunct
0506 political science
Transplantation
Adversarial system
Pedagogy
ComputingMilieux_COMPUTERSANDEDUCATION
050602 political science & public administration
Criticism
Engineering ethics
Legal education
Sociology
Element (criminal law)
Law
Legal culture
0505 law
Subjects
Details
- ISSN :
- 20718322
- Volume :
- 10
- Database :
- OpenAIRE
- Journal :
- German Law Journal
- Accession number :
- edsair.doi.dedup.....6037ecd71b3d86b2761240a5ce786039