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Abstract

Variations of the above statements are repeated so often by students in clinical law courses that clinical teachers may be tempted to take such reactions for granted. However, when clinical students' experiences representing poor, disabled, elderly or otherwise marginalized clients cause the students to question their prior notions of social justice, an important educational dilemma is presented: Should clinical teachers treat these reactions as a natural byproduct or even a happy accident of a poverty-oriented clinical course, or should the teachers and the institutions they represent adopt an active role in facilitating clinical students learning lessons of social justice? Further, if an active role is to be adopted, do clinical teachers know what triggers this type of social justice learning and how they can facilitate the learning? This article answers these questions by advocating that a complete legal education and, in particular, a complete clinical educational experience, should include lessons of social justice. Clinical teachers should accept as part of their role the exposure of clinical students to experiences and reflective opportunities that will lead to social justice learning. To perform adequately this role, clinical teachers must understand the dynamic that causes the students' justice perspective to be transformed by their clinical experiences, and then design a methodology inspired by adult learning theory that will nurture the social justice learning opportunities a clinical course uniquely provides. Toward that end, an argument is presented here that lessons of social justice should be a core element of the law school curriculum in general and the content of clinical courses in particular. Discussion of general principles of adult learning theory as applied to clinical legal courses is followed by a review of the concept of the learner's "disorienting moment," such as those described above, that spurs social justice learning in clinical courses. Finally, a methodology is proposed for "seizing the disorienting moment" by providing opportunities for effective social justice learning in law school clinical courses.

Publication Title

Clinical Law Review

Volume

2

Issue

1

First Page

37

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