Kant and clinical legal education
Kant and clinical legal education
We develop a Kantian approach to Clinical Legal Education (CLE). CLE is a form of experiential learning that allows law students to take on aspects of real cases and interact with clients and communities, locally and internationally. Kantian theory speaks to those aspects of global CLE that are both essential for legal education and practice, and that stand in need of pedagogical and ethical reflection. Specifically, Kantian theory can guide the development of reflective capacities and of ethical treatment of clients, and it introduces important conceptual distinctions that can clarify the role of positive law and other forms of normativity. Moreover, Kant presents a limited but productive role for moral emotions, and he can remind students that there are cosmopolitan obligations that transcend jurisdiction-specific norms. Finally, we emphasize that Kant should never be taught uncritically and that a comparative dimension is always necessary.
Clinical Legal Education, Kant, Legal Education, Autonomy
Madhloom, Omar
50eccbe7-bad0-48de-a1da-a4fa995f695e
Sticker, Martin
acc763f8-b196-42c2-8b36-015ca4108a78
Madhloom, Omar
50eccbe7-bad0-48de-a1da-a4fa995f695e
Sticker, Martin
acc763f8-b196-42c2-8b36-015ca4108a78
Madhloom, Omar and Sticker, Martin
(2026)
Kant and clinical legal education.
Journal of Philosophy of Education.
(In Press)
Abstract
We develop a Kantian approach to Clinical Legal Education (CLE). CLE is a form of experiential learning that allows law students to take on aspects of real cases and interact with clients and communities, locally and internationally. Kantian theory speaks to those aspects of global CLE that are both essential for legal education and practice, and that stand in need of pedagogical and ethical reflection. Specifically, Kantian theory can guide the development of reflective capacities and of ethical treatment of clients, and it introduces important conceptual distinctions that can clarify the role of positive law and other forms of normativity. Moreover, Kant presents a limited but productive role for moral emotions, and he can remind students that there are cosmopolitan obligations that transcend jurisdiction-specific norms. Finally, we emphasize that Kant should never be taught uncritically and that a comparative dimension is always necessary.
Text
Kant and CLE - final version - OM 21-03-2026
- Accepted Manuscript
Restricted to Repository staff only until 24 February 2027.
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Accepted/In Press date: 24 February 2026
Keywords:
Clinical Legal Education, Kant, Legal Education, Autonomy
Identifiers
Local EPrints ID: 510963
URI: http://eprints.soton.ac.uk/id/eprint/510963
ISSN: 1467-9752
PURE UUID: 3617f67f-6081-4958-a146-282a5930e8dc
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Date deposited: 28 Apr 2026 16:39
Last modified: 29 Apr 2026 02:10
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Contributors
Author:
Omar Madhloom
Author:
Martin Sticker
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