NIGEL DUNCAN and SUSAN L. KAY
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195381146
- eISBN:
- 9780199869305
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195381146.003.0012
- Subject:
- Law, Public International Law
This chapter explains the limited ways in which legal ethics and professionalism are addressed in most traditional law programs and proposes more challenging goals for legal education, recognizing ...
More
This chapter explains the limited ways in which legal ethics and professionalism are addressed in most traditional law programs and proposes more challenging goals for legal education, recognizing the importance of introducing students to the values underpinning the professional codes. It presents the diversity of approaches to addressing lawyer competence, ethics, and professionalism in different jurisdictions, and identifies the different ways in which clinical legal education and clinical methods may be used to address these issues. The chapter considers the advantages and disadvantages of each, and gives concrete examples of effective methods. It underpins this with the theoretical basis for such experiential learning approaches and explains how active learning can provide effective ways of encouraging moral development. It also considers the particular contribution played by the global clinical movement to developing legal ethics education.Less
This chapter explains the limited ways in which legal ethics and professionalism are addressed in most traditional law programs and proposes more challenging goals for legal education, recognizing the importance of introducing students to the values underpinning the professional codes. It presents the diversity of approaches to addressing lawyer competence, ethics, and professionalism in different jurisdictions, and identifies the different ways in which clinical legal education and clinical methods may be used to address these issues. The chapter considers the advantages and disadvantages of each, and gives concrete examples of effective methods. It underpins this with the theoretical basis for such experiential learning approaches and explains how active learning can provide effective ways of encouraging moral development. It also considers the particular contribution played by the global clinical movement to developing legal ethics education.
JEFF GIDDINGS and JENNIFER LYMAN
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195381146
- eISBN:
- 9780199869305
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195381146.003.0020
- Subject:
- Law, Public International Law
This chapter examines how clinical legal education, including its curriculum, teachers, teaching-methods, students, and social justice mission, influence legal education generally and connect law ...
More
This chapter examines how clinical legal education, including its curriculum, teachers, teaching-methods, students, and social justice mission, influence legal education generally and connect law schools to their surrounding communities. It shows how clinical education introduced the study of lawyering to mainstream legal education and has promoted the use interactive teaching methods, including simulations, supervised case work, and problem-solving exercises, which help foster critical thinking necessary. Clinics also draw client interests, social justice, and professional values into the center of legal education, and have the capacity to promote links among various groups interested in the outcomes of legal education, serving as a bridge to broader community and professional engagement. The chapter argues that clinics have the greatest impact when insights from clinical experiences are incorporated in an integrative model with other teaching to form a developmental progression.Less
This chapter examines how clinical legal education, including its curriculum, teachers, teaching-methods, students, and social justice mission, influence legal education generally and connect law schools to their surrounding communities. It shows how clinical education introduced the study of lawyering to mainstream legal education and has promoted the use interactive teaching methods, including simulations, supervised case work, and problem-solving exercises, which help foster critical thinking necessary. Clinics also draw client interests, social justice, and professional values into the center of legal education, and have the capacity to promote links among various groups interested in the outcomes of legal education, serving as a bridge to broader community and professional engagement. The chapter argues that clinics have the greatest impact when insights from clinical experiences are incorporated in an integrative model with other teaching to form a developmental progression.
Frank S. Bloch (ed.)
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195381146
- eISBN:
- 9780199869305
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195381146.001.0001
- Subject:
- Law, Public International Law
This book describes the central concepts, goals, and methods of clinical legal education from a global perspective, with a particular emphasis on its social justice mission. Certain common features ...
More
This book describes the central concepts, goals, and methods of clinical legal education from a global perspective, with a particular emphasis on its social justice mission. Certain common features have contributed to clinical legal education's growing influence around the world, most notably its focus on lawyering skills and professional values. Even so, law school clinics vary considerably from country to country due to differences in legal systems and professional and academic cultures that have led to the development of a variety of distinctive national and regional approaches to clinical education. The book also examines clinical legal education's commitment to reform the legal academy and the legal profession, and charts its future role in educating lawyers for social justice. It argues that an emerging global clinical movement is playing an increasingly important role in educating lawyers worldwide, and that it can advance social justice through legal education. The most common model is a law school-based legal aid clinic that offers law students the opportunity to gain “real world” practical experience by working with clinical faculty to address legal problems in the community. The book consists of three parts: Part 1 explores the global reach of clinical legal education, including descriptions of programs from every region of the world; Part 2 discusses the justice mission of global clinical education and the various ways that clinical programs advance the cause of social justice around the world; Part 3 looks at the global clinical movement, with analyses of its various dimensions and its capacity to advance social justice through socially relevant legal education.Less
This book describes the central concepts, goals, and methods of clinical legal education from a global perspective, with a particular emphasis on its social justice mission. Certain common features have contributed to clinical legal education's growing influence around the world, most notably its focus on lawyering skills and professional values. Even so, law school clinics vary considerably from country to country due to differences in legal systems and professional and academic cultures that have led to the development of a variety of distinctive national and regional approaches to clinical education. The book also examines clinical legal education's commitment to reform the legal academy and the legal profession, and charts its future role in educating lawyers for social justice. It argues that an emerging global clinical movement is playing an increasingly important role in educating lawyers worldwide, and that it can advance social justice through legal education. The most common model is a law school-based legal aid clinic that offers law students the opportunity to gain “real world” practical experience by working with clinical faculty to address legal problems in the community. The book consists of three parts: Part 1 explores the global reach of clinical legal education, including descriptions of programs from every region of the world; Part 2 discusses the justice mission of global clinical education and the various ways that clinical programs advance the cause of social justice around the world; Part 3 looks at the global clinical movement, with analyses of its various dimensions and its capacity to advance social justice through socially relevant legal education.
Marjorie Mayo, Gerald Koessl, Matthew Scott, and Imogen Slater
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9781447311027
- eISBN:
- 9781447311034
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447311027.001.0001
- Subject:
- Political Science, Public Policy
Access to justice for all, regardless of the ability to pay, has been a core democratic value. But this basic human right has come under threat through wider processes of restructuring, with an ...
More
Access to justice for all, regardless of the ability to pay, has been a core democratic value. But this basic human right has come under threat through wider processes of restructuring, with an increasingly market-led approach to the provision of welfare. Professionals and volunteers in Law Centres in Britain are struggling to provide legal advice and access to welfare rights to disadvantaged communities. Drawing upon original research, this unique study explores how strategies to safeguard these vital services might be developed in ways that strengthen rather than undermine the basic ethics and principles of public service provision. The book explores how such strategies might strengthen the position of those who provide, as well as those who need, public services, and ways to empower communities to work more effectively with professionals and progressive organisations in the pursuit of rights and social justice agendas more widely.Less
Access to justice for all, regardless of the ability to pay, has been a core democratic value. But this basic human right has come under threat through wider processes of restructuring, with an increasingly market-led approach to the provision of welfare. Professionals and volunteers in Law Centres in Britain are struggling to provide legal advice and access to welfare rights to disadvantaged communities. Drawing upon original research, this unique study explores how strategies to safeguard these vital services might be developed in ways that strengthen rather than undermine the basic ethics and principles of public service provision. The book explores how such strategies might strengthen the position of those who provide, as well as those who need, public services, and ways to empower communities to work more effectively with professionals and progressive organisations in the pursuit of rights and social justice agendas more widely.
Timothy B. Kelly, Laura R. Bronstein, and Debra McPhee
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9781447308997
- eISBN:
- 9781447311447
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447308997.003.0016
- Subject:
- Social Work, Research and Evaluation
As a boundary crossing profession, social workers interact with various professional groups and frequently experience ethical dilemmas and apparent value clashes. This chapter argues that most ...
More
As a boundary crossing profession, social workers interact with various professional groups and frequently experience ethical dilemmas and apparent value clashes. This chapter argues that most helping professions share many values and ethical principles. Many of the interprofessional values clashes are more likely down to structural issues. As social work has historically been practised in host settings since its inception, the profession is well placed for cross boundary work. When value clashes do exist, having social work's holistic systems perspective allows professionals to work across boundaries. Understanding the shared professional values and beliefs and seeing structural barriers as root of interprofessional “value clashes” opens opportunities for overcoming barriers.Less
As a boundary crossing profession, social workers interact with various professional groups and frequently experience ethical dilemmas and apparent value clashes. This chapter argues that most helping professions share many values and ethical principles. Many of the interprofessional values clashes are more likely down to structural issues. As social work has historically been practised in host settings since its inception, the profession is well placed for cross boundary work. When value clashes do exist, having social work's holistic systems perspective allows professionals to work across boundaries. Understanding the shared professional values and beliefs and seeing structural barriers as root of interprofessional “value clashes” opens opportunities for overcoming barriers.
Marjorie Mayo, Gerald Koessl, Matthew Scott, and Imogen Slater
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9781447311027
- eISBN:
- 9781447311034
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447311027.003.0004
- Subject:
- Political Science, Public Policy
Chapter three opens by focussing upon debates on ethics and values with a particular focus on debates on the public service ethos and whether this is being undermined by public service modernisation ...
More
Chapter three opens by focussing upon debates on ethics and values with a particular focus on debates on the public service ethos and whether this is being undermined by public service modernisation agendas. This sets the context for the discussion of Law Centres’ own distinctive ethos and professional values, drawing upon original research into the views and experiences of staff and volunteers in Law Centres in England. Law Centres were highly committed to the values associated with access to justice for all, regardless of the ability to pay and/ or other social disadvantages. In addition, they were strongly committed to working with disadvantaged communities to promote human rights and social justice agendas more widely, with an emphasis upon working holistically, collaboratively and in preventative ways to achieve these aims. These goals were potentially challenging to achieve at the best of times, let alone in the current context. On the contrary, government policies were being geared towards the promotion of competition and the increasing use of market mechanisms more generally.Less
Chapter three opens by focussing upon debates on ethics and values with a particular focus on debates on the public service ethos and whether this is being undermined by public service modernisation agendas. This sets the context for the discussion of Law Centres’ own distinctive ethos and professional values, drawing upon original research into the views and experiences of staff and volunteers in Law Centres in England. Law Centres were highly committed to the values associated with access to justice for all, regardless of the ability to pay and/ or other social disadvantages. In addition, they were strongly committed to working with disadvantaged communities to promote human rights and social justice agendas more widely, with an emphasis upon working holistically, collaboratively and in preventative ways to achieve these aims. These goals were potentially challenging to achieve at the best of times, let alone in the current context. On the contrary, government policies were being geared towards the promotion of competition and the increasing use of market mechanisms more generally.
Marjorie Mayo, Gerald Koessl, Matthew Scott, and Imogen Slater
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9781447311027
- eISBN:
- 9781447311034
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447311027.003.0009
- Subject:
- Political Science, Public Policy
This chapter brings together the evidence on the impact of these changes on staff motivation and commitment. The New Public Management has been criticised for assuming that people in general – and ...
More
This chapter brings together the evidence on the impact of these changes on staff motivation and commitment. The New Public Management has been criticised for assuming that people in general – and public service professionals more specifically – can't be trusted, needing the discipline of targets and close monitoring. This negative approach fails to take account of the actual motivations and values of those involved, it has been argued, motivations and values that may actually be undermined by the imposition of target-type cultures, such as those associated with the New Public Management. The research did indeed identify examples of disaffection and demoralisation among Law Centre staff and volunteers. Some were so alienated that they were actually leaving, feeling that it was becoming impossible to work in ways that were consistent with their professional values any longer. More widely though, there were inspiring examples of continuing commitment amongst staff and volunteers, giving of their time as ‘labours of love’. This was despite the pressures and dilemmas that they were experiencing, dilemmas that would have been less draining for them personally if they had not been investing so much emotional labour in the process.Less
This chapter brings together the evidence on the impact of these changes on staff motivation and commitment. The New Public Management has been criticised for assuming that people in general – and public service professionals more specifically – can't be trusted, needing the discipline of targets and close monitoring. This negative approach fails to take account of the actual motivations and values of those involved, it has been argued, motivations and values that may actually be undermined by the imposition of target-type cultures, such as those associated with the New Public Management. The research did indeed identify examples of disaffection and demoralisation among Law Centre staff and volunteers. Some were so alienated that they were actually leaving, feeling that it was becoming impossible to work in ways that were consistent with their professional values any longer. More widely though, there were inspiring examples of continuing commitment amongst staff and volunteers, giving of their time as ‘labours of love’. This was despite the pressures and dilemmas that they were experiencing, dilemmas that would have been less draining for them personally if they had not been investing so much emotional labour in the process.
Anne Robinson
- Published in print:
- 2013
- Published Online:
- May 2014
- ISBN:
- 9781447300359
- eISBN:
- 9781447311706
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447300359.003.0017
- Subject:
- Social Work, Crime and Justice
This chapter looks critically at the New Labour reforms to the youth justice system and the ideas and values active in political rhetoric, policy and practice throughout their three terms in office. ...
More
This chapter looks critically at the New Labour reforms to the youth justice system and the ideas and values active in political rhetoric, policy and practice throughout their three terms in office. Three distinct periods were evident and there is now a fourth separate period taking shape under the Coalition, operating with a different ideology and in a climate of austerity. Some of New Labour’s extensive youth justice framework is being dismantled but other elements - such as multi-agency youth offending teams - are still in place. And while the Coalition is less keen on criminalising young people, it seems no more on their ’side’ than New Labour. The question is whether academics and practitioners can come together to press for change in a direction that is more attentive to young people in transition and their needs.Less
This chapter looks critically at the New Labour reforms to the youth justice system and the ideas and values active in political rhetoric, policy and practice throughout their three terms in office. Three distinct periods were evident and there is now a fourth separate period taking shape under the Coalition, operating with a different ideology and in a climate of austerity. Some of New Labour’s extensive youth justice framework is being dismantled but other elements - such as multi-agency youth offending teams - are still in place. And while the Coalition is less keen on criminalising young people, it seems no more on their ’side’ than New Labour. The question is whether academics and practitioners can come together to press for change in a direction that is more attentive to young people in transition and their needs.
Marjorie Mayo, Gerald Koessl, Matthew Scott, and Imogen Slater
- Published in print:
- 2014
- Published Online:
- September 2014
- ISBN:
- 9781447311027
- eISBN:
- 9781447311034
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447311027.003.0002
- Subject:
- Political Science, Public Policy
Chapter one outlines the history of varying approaches to social citizenship and the welfare state, exploring the different perspectives that underpin these debates. This sets the context for ...
More
Chapter one outlines the history of varying approaches to social citizenship and the welfare state, exploring the different perspectives that underpin these debates. This sets the context for critically exploring more recent debates on public service modernisation and the increasing use of market mechanisms in public service provision. Some individuals may benefit from increasing choice as a result of these policies. But others may have less choice as a result, and this especially applies to people living in less advantaged communities. Public service modernisation agendas can have significant impacts on public service professionals too, posing professional dilemmas, potentially undermining the public service ethos in the process.Less
Chapter one outlines the history of varying approaches to social citizenship and the welfare state, exploring the different perspectives that underpin these debates. This sets the context for critically exploring more recent debates on public service modernisation and the increasing use of market mechanisms in public service provision. Some individuals may benefit from increasing choice as a result of these policies. But others may have less choice as a result, and this especially applies to people living in less advantaged communities. Public service modernisation agendas can have significant impacts on public service professionals too, posing professional dilemmas, potentially undermining the public service ethos in the process.
Matthew C. Ehrlich and Joe Saltzman
- Published in print:
- 2015
- Published Online:
- April 2017
- ISBN:
- 9780252039027
- eISBN:
- 9780252096990
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252039027.003.0003
- Subject:
- Society and Culture, Media Studies
This chapter discusses how popular culture has portrayed professionalism's key tenets. Apart from questioning whether journalists are true professionals (or even should be professionals) scholars ...
More
This chapter discusses how popular culture has portrayed professionalism's key tenets. Apart from questioning whether journalists are true professionals (or even should be professionals) scholars have been particularly interested in the role of “objectivity” in journalism and in the practice and philosophy behind journalism ethics. In popular culture, so-called objective reporting is shown to be deeply problematic and is often implicitly equated to a lack of passion and commitment. Still, professional values do have a place as ethical dilemmas are brought to dramatic life and journalists who violate the public trust suffer the consequences of their misdeeds. Indeed, pop culture reinforces many of the critiques of professionalism—hard, cold reality trumps principles taught in school; reportorial objectivity is difficult to achieve; and ethical choices are fraught with unforeseen consequences.Less
This chapter discusses how popular culture has portrayed professionalism's key tenets. Apart from questioning whether journalists are true professionals (or even should be professionals) scholars have been particularly interested in the role of “objectivity” in journalism and in the practice and philosophy behind journalism ethics. In popular culture, so-called objective reporting is shown to be deeply problematic and is often implicitly equated to a lack of passion and commitment. Still, professional values do have a place as ethical dilemmas are brought to dramatic life and journalists who violate the public trust suffer the consequences of their misdeeds. Indeed, pop culture reinforces many of the critiques of professionalism—hard, cold reality trumps principles taught in school; reportorial objectivity is difficult to achieve; and ethical choices are fraught with unforeseen consequences.
