The academic autonomy, also implemented in Romania along the past years, allows for the approach to the educational process by establishing syllabi and curricula specific to each university, according to managerial orientation, teaching staff composition, requirements of the labor market, and even student options.
According to the new trends suggested by the Ministry of Education and Research, the syllabi of law schools include the following categories of subjects: compulsory, elective and optional.
The compulsory subjects are mostly the same for all law schools, establishing the basis of the entire legal education in Romania, compelling all law graduates to cover approximately the same subjects, during their years of study.
The choice of elective subjects, and their allocation within semesters, differs from one faculty to another, in relation to the criteria mentioned above.
A new subject has emerged within the Romanian legal education background, in syllabi, with a shocking denomination to some people, or unusual and new to others, the legal clinic.
Generally, each novelty triggers different reactions and many times, unfortunately, the reactions are those of rejection and marginalization, as it could be observed on the occurrence of the legal clinic as educational subject.
What can be classified as a paradox is the fact that neither a theoretician nor a practitioner in law denies the importance of acquiring practical skills, but the majority regard with no trust the introduction of a subject in the curriculum of law schools, that should determine the student to cover the exercise of applying "live" knowledge, acquired by theoretical learning.
The denomination of legal clinic is regarded as inadequate, as it is considered specific to the medical field.
Without being the full adepts of this denomination, we consider that the legal clinic formula cannot be considered totally inadequate, taking into account that we understand a process of practical learning, under the supervision of experienced teaching staff or practitioners, study based on direct and actual observation of situations that require solutions exceeding the purely theoretical frame.
The type of clinical legal education is ever more widespread internationally, mainly in the U.S.A., but also in Europe, Africa, South America, India, Hong Kong, Australia, and other countries. The existence of various organizations of legal clinic tutors has led to the establishment of an international organization - Global Alliance for Justice Education, whose long-term objectives are the organization of an international conference, the development of legal education , and the exchange of methodology and teaching materials[1].
What is the legal clinic?
Before answering the questions, we deem it necessary to underline the fact that neither from the view point of denomination, nor from that of content, the more accepted subject Practice is not taken for Legal clinic, but they do not exclude each other.
Practice for students is to be carried out away from the lecture halls, through a mandatory period in specific units, usually for a definite period of 2-3 weeks, after the summer examination session. There students learn under the supervision of specialists (magistrates, barristers, notaries, public clerks) to complete and deepen their knowledge acquired during courses and seminars (laboratories). This type of legal education, through student practice, requires the presence of a specialist, who, usually, does not belong to the teaching staff and who will take part, with the member of the teaching staff responsible for student practice, in the evaluation of student activity.
During the period of practice students have the opportunity to observe "live" the manner in which practitioners carry out their activity, the standards they have to meet (that are sometimes not met, and it is very adequate to be observed by students, as examples not be followed), the manner of making and elaborating decisions, and especially the direct relation of the public to the judiciary.
The legal clinic represents, in our opinion, a manner of legal education for the student, being at the same time a distinct subject in the faculty's curriculum.
The majority of American specialists in the field of clinical legal education relate this type of legal education especially to the professional segment exercised by lawyers. We consider this approach rather limited, the study of a larger professional palette being necessary among the fields provided by a degree in law.
Analyzing the curriculum of a faculty of law we observe that a legal clinic may approach a variety of issues relating especially to legal subject of a high
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practical resonance, but also to subjects adjacent to pure legal training, as ethics, psychology, sociology, and others.
As for us, we underline that we have no doubt related to the major utility in implementing a legal clinic subject in the syllabi, it being one of the most efficient teaching methods used to show students how to apply legal rules in actual cases. Learning and experimenting at the same time is a method that opposes the mechanical assimilation of knowledge, compelling the student to have an active attitude finalized with the student's own solutions, that will stimulate him in the direction of professional training[2]
The 1989 December Revolution has provided members of the teaching staff with the opportunity to combine the teaching activity with the practical one, and especially, provided for the attraction into the ranks of the teaching staff of numerous practitioners with valuable theoretical and practical background. Under these conditions, we estimate that the activity within the legal clinic can be carried out under optimal conditions, there being a high interest among students.
Academic instruction in the form of the legal clinic requires the taking into account of several aspects related to the selection of instructors-teachers, student selection (in the case of introducing the legal clinic into the category of elective subjects), and the evaluation method, material basis, and, eventually the choice of cases to solve.
In establishing the teaching objectives and course outlines, we have to take into account that the students expect to gain such knowledge that, at the end of studies, they should be able to practically operate the chosen professional segment.
It is obvious that law schools exist in order to teach law, but not to limit themselves to this activity. One of the basic objectives is to prepare students to undertake various professional roles within the legal system[3]. For those who do not intend to practice law, theoretical knowledge is sufficient, but those who whish to become law practitioners need, besides a solid theoretical background, practical skills to account for the abilities in the field[4] .
The clinical legal education programs initiated in the U.S.A., in the late 60's, rendering legal service for customers with low income, provided the opportunity for students to practice, and to the people in that category, to benefit from such services. American specialists estimated that providing such service to social categories in difficulties, provides students with a perspective on the legal requirements of certain social segments, and lead to the increase in their commitment to the ideals of justice, and the pro bono activity in society's benefit.[5]
In Romania, the students' providing specialized services directly is not possible, due to legislation prohibiting the exercising of practical legal activity, without membership in the professional group. We consider such a prohibition natural, and protecting both parties, avoiding the damages caused to the beneficiaries by inadequate legal services.
Within the present legal framework in Romania, we consider that students can acquire ethical and professional skills by being provided with courses specialized in legal clinic, by simulation, starting from real cases, they being able to undertake various roles, in several hypostases.
Solving actual cases (even hypothetical ones) can determine students to understand the necessity of acquiring more theoretical knowledge, to find legal and moral solutions.
The participants in the legal clinic course more efficiently acquire the sense of professional responsibility, being directly faced both with the manner in which law is applied, and with the problems related
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to ethics, morals and deontology of professionals.
The words of an Americans specialist are relevant in this sense, he being an adept of the clinical legal education program implementation in law schools:
"Instructors have the obligation to insist on students respecting justice and professional responsibilities, as justice is not only a controversial intellectual aspect, but also one of the social stability bases. In dictatorial or autocratic societies, force can be substituted for justice , to a certain extent, but in democratic societies, the viability of justice is a determining component. The absence of these basic aspects in the discussions with students, both within the framework of traditional courses, and within the legal clinic, undermines the capacity society has to solve difficult problems"[6].
If faculties of law establish such objectives, the courses of legal clinic can mobilize students to analyze those elements that lead towards the idea of rendering justice, of imposing justice[7] .
Legal clinics can be of several types, but all of them have a common objective, of introducing students into a new field of legal education. Some instructors opt for a general practice in civil or criminal matters; others search for many other fields of law.
Theoretical learning represents, undoubtedly, an essential element of legal education, but we shouldn't forget that the student has to be initiated, and taught responsibility by determining him to take decisions, and impose measure he is aware that the parties in conflict will be affected. The ability to solve actual cases, the importance of deliberation, planning, and decision making will lead to the students' getting used to provide solutions based on legal provisions and moral principles, and not on common sense or on the so-called "legal sense".
The participants in the instruction by legal clinic benefit from the discovery of the collaboration in legal work idea , fact they are to meet later on, in their actual professional activity. It is very important to acquire, from student stage, the ability to work with one or more collaborators, fact that will reveal the importance of team work, finding that collaborative effort leads to positive results usually.
Another important role of the legal clinic is the one viewing the emotional aspects of the legal practitioner profession. The shift from the usual course or seminar atmosphere to implementing tasks in front of the public (made of students, instructors, practitioners) will help students to overcome the beginner's excitement, and be capable of dominating over anxiety when confronted with the adversary, the magistrate, the assisting public etc.
The legal clinic instructors must encourage students to think of various professional opportunities rendered by their degree in law, to build the respect for people without much material backup, providing specialized services and determine them to think, permanently, at the legislation reforming process and the profession they practice.
The activity within a legal clinic will certainly lead to the increase of students' creative work, compelling them to solve a case, to look for and find alternatives, to deviate from the already known paths, use their imagination.
A well supervised legal clinic will help students to examine their own learning methods, providing them with the opportunity of comparative analysis and, maybe, the adopting of other methods to acquire professional knowledge.
Finally, we estimate that each law school has the obligation to provide programs that facilitate the students' finding ways of success in their professional career.
We consider that the realities of today's society impose field specialization and an orientation in the development of skills students need to become competent professionals. Clinical education is an indisputable instruction method, along the classical courses and seminars.
1. Barnhizer, David, The University Ideal and Clinical Legal Education, 35 NYLS Law REV. 87, 112-113 (1990)
2. Simon, Herbert A., Models of Thought, vol. II, Yale University Press, 1989
3. Stuckey, Roy T., Objectives and Methods of Clinical Education in Law, Regional Legal Education Workshop. Strategies for implementing practical legal education programs, Faculty of Law, University of Rijeka in conjunction with the Central and East European Law Initiative, Croatia, 1998 (further quoted Regional Legal Workshop, 1998)
4. Stuckey, T. Roy, Professor at the Faculty of Law, University of South Carolina, World Organizations of Legal Clinic Instructors, Regional Conference on Legal Clinic Issues, Opatija, Croatia, March 25-27, 1998 ■
NOTES
[1] Roy T. Stuckey, Professor,Faculty of Law, South Carolina University, U.S.A., World Organizations of Legal Clinic Instructors, Regional Conference on Legal Clinic Issues, Opatija, Croatia, March 25-26, 1998
[2] Herbert A., Simon, Models of Thought, vol. II, Yale University Press, 1989
[3] Roy T. Stuckey, Objectives and Methods of Clinical Education in Law, Regional Legal Education Workshop. Strategies for implementing practical legal education programs, Faculty of Law, University of Rijeka in conjunction with the Central and East European Law Initiative, Croatia, 1998 (further quoted Regional Legal Workshop, 1998)
[4] Same as above
[5] Same as above
[6] David Barnhizer, The University Ideal and Clinical Legal Education, 35 NYLS LAW Rev.87, 112-113 (1990)
[7] Roy Stuckey, loc.cit.
Lábjegyzetek:
[1] The Author from Bogdan Voda University, Cluj-Napoca, Romania.
[2] The Author from Babes-Bolyai University, Cluj-Napoca, Romania.
Visszaugrás
