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.