Journal article
Epistemology and ethics in relationship-centered legal education and practice
New York Law School law review, Vol.56(2), p331
22 Mar 2012
Abstract
Epistemology involves views about knowledge and how it is developed. It is the study of how individuals come to know the truth about given phenomena as it relates to the knowledge generation process: How is knowledge acquired, internalized, and applied to situations? The epistemology and ontology of a discipline affect the type of inquiry and the method of investigation used by professionals in that discipline, which in turn influence the particular phenomena that are the focus of and create meaning for the professional. Traditional legal epistemology is based on the Enlightenment principles giving reason and objective rationality priority status as pure sources of knowledge. Recent research on how the brain obtains and processes information raises important questions about whether pure legal reasoning is possible without attending to underlying emotional and relational variables.
In the discussion that follows, we present a model for enhancing legal education that is premised on changing the culture of the legal profession by adjusting the epistemology. Our framework raises some obvious questions: Can the study of social science theories enable a law student to be more professional and to act in more ethical ways by moderating each student's personal epistemology? Can exposure to real clients with real problems help a law student to develop perspectives and techniques that will lead to a deeper understanding of clients' needs and a more fulfilling role in society? What will it take to make a palpable difference in how law is practiced, how lawyers are perceived, and how the dominant societal narrative about the legal profession is expressed?
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Details
- Title
- Epistemology and ethics in relationship-centered legal education and practice
- Creators
- Susan L BrooksRobert G Madden
- Publication Details
- New York Law School law review, Vol.56(2), p331
- Publisher
- New York Law School
- Resource Type
- Journal article
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Identifiers
- 991020547440904721