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Clinical Legal Education's Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain
Clinical Legal Education's Contribution To Building Constitutionalism And Democracy In South Africa: Past, Present, And Future, Peggy Maisel, Shaheda Mahomed, Meetali Jain
Faculty Scholarship
Clinical Legal Education (“CLE”) courses were first introduced in South Africa nearly fifty years ago. Since then, their role has changed from addressing legal problems perpetrated by an oppressive system, to strengthening South Africa’s transition to democracy. The end of apartheid has been accompanied by a transition of focus from private law to public law. South Africa currently has seventeen public universities, each of which has a law faculty and a legal clinic. Many clinical programs’ missions are primarily dedicated to community service and providing access to justice.
Although CLE programs have undertaken some human rights and law reform work, …
Intrusive Law Reform, Katharine B. Silbaugh
Intrusive Law Reform, Katharine B. Silbaugh
Faculty Scholarship
Does law obstruct or facilitate the development of a democratic society? This is the subject of Mary Ann Glendon's recent book, A Nation Under Lawyers. It is also the subject of Anita Bernstein's Better Living Through Crime and Tort. Glendon takes the position that law obstructs, that "[p]remature and excessive resort to the courts... has been a disaster for the political health of the country."' Bernstein disagrees, saying that in many cases, law can facilitate democracy by encouraging citizens to educate themselves, engage in debate, and form communities.