Towards a Capability Approach to Clinical Legal Education

McFaul, Hugh (2022). Towards a Capability Approach to Clinical Legal Education. In: Madhloom, Omar and McFaul, Hugh eds. Thinking About Clinical Legal Education. London, UK: Routledge.

DOI: https://doi.org/10.4324/9780429299247-7

Abstract

How might the capability approach inform and enrich the practice of Clinical Legal Education? This chapter explores the potential for the capability approach to provide an enriched theory-based rationale for using Clinical Legal Education (CLE) pedagogy to connect legal education and social justice. It will outline the origins of the capability approach to social justice and human development in the work of Amartya Sen and Martha Nussbaum and draw on recent literature which has applied their work to the university-level education of professionals. This work seeks to provide a theoretically robust foundation for the development of civic virtue, which is also variously referred to as developing civic-minded, public good or democratic professionals. In light of this discussion, the final section will map out three areas where the capability approach can enrich Clinical Legal Education by illuminating the social justice dimensions of clinical work, by providing a reasoned foundation for reflective practice and through providing an opportunity to situate the ethical dimensions of clinical practice within a wider philosophical framework.