미국 로스쿨의 임상법학교육이론과 방법론 -우리나라 임상법학교육의 전망과 과제-

Abstract

The clinical legal education based on lawyering experience began in 1890s

criticizing case methods and grew out of the progressive reform movement of

the 1960s and 1970s. Law schools expanded their in-house clinic, which

responded to students desire to learn how to use law as an instrument of social

change and serve the poor. Since 1990s the clinical legal education has adapted

to the digital age or global era as collaborating other professions and cooperating

local communities. Besides in-house clinics, there are externship programs and

simulation courses. Among three different branches of clinical legal education in

the United States, the standard clinical model is in-house clinic which focuses on

legal education.

The clinical legal education movement concerned with the question What is it

that lawyers do? has suggested some new theories about the role of the lawyer

and the practice of law. Most theories of what lawyers do may be divided into

two categories-micro theories, which focus on the role and behaviors of the

individual lawyer, and macro theories, which focus on the lawyers interaction

with the legal system, and the impact of lawyers on the larger world. Gary

Below, the theoretical father of clinical education, made contributions to

developing theories of the good lawyer. His work combined the methods of

learning with the substance of what they were teaching and illustrated how

theory and practice can be integrated. Clinical education offers law students

methods learning from experience, inter-disciplinary learning, critical reflection

and responsibility. Students learn their role as a lawyer in the legal system as...