Law Clinics in Taiwan: Can Clinical Legal Education Succeed in this Civil Law Jurisdiction with an Undergraduate Legal Education System?
Law school clinics are an important part of legal education around the world, but there are still many places without clinics, including Taiwan. It is important for Taiwanese legal educators to consider whether and how clinical education might fit into the Taiwanese legal education system. When discussing clinical education, several concerns are commonly raised: are undergraduate students capable of doing and benefitting from clinical work? Is student practice legal? What effect does student practice have on quality of representation? How does a clinic fit with the existing apprenticeship program? Who would teach a clinic? How do clinics fit with the legal academy’s view of itself and its purposes? Can Taiwanese law schools afford to operate clinics? Ultimately, none of these concerns presents a serious obstacle to the introduction of clinical education. Taiwanese law schools should introduce clinics to their curriculum to give students the opportunity to enjoy the many benefits of clinical education.
Overcoming Cultural Blindness in International Clinical Collaboration: The Divide between Civil and Common Law Cultures and its Implications for Clinical Education
This essay reflects upon the work that U.S. clinical teachers have done in helping to bring clinical methodology to law schools in European civil law jurisdictions. The essay examines some of the differences between the U.S. common law and European civil law systems with respect to the conception, teaching, and practice of law. The essay suggests that U.S. clinical teachers have not been sufficiently sensitive to these differences in legal culture. The essay describes five core differences between the two systems and their implications for effective clinical education in civil law systems. The essay concludes with recommendations for future cross-cultural pedagogical collaboration between U.S. clinical teachers and their European colleagues.
The Protection of the Right to Education by International Law: Including a Systematic Analysis of Article 13 of the International Covenant on Economic, Social and Cultural Rights. International Studies in Human Rights, 82.
[In view of the trend of demoting education from ”human right” to “human need” and the accompanying commercialisation of education, and the complex nature of the right to education under international law, entailing a freedom and a social aspect, this book seeks to affirm education as a “human right” and to describe the various state duties flowing from the right to education, by referring to the provisions on the right to education found in instruments of international law and by systematically analyzing article 13 of the International Covenant on Economic, Social and Cultural Rights., In view of the trend of demoting education from ”human right” to “human need” and the accompanying commercialisation of education, and the complex nature of the right to education under international law, entailing a freedom and a social aspect, this book seeks to affirm education as a “human right” and to describe the various state duties flowing from the right to education, by referring to the provisions on the right to education found in instruments of international law and by systematically analyzing article 13 of the International Covenant on Economic, Social and Cultural Rights.]