This paper analyzes various comparative-law features inherent to teaching “Street Law” in Italy, a legal clinic now offered at Roma Tre’s Law Department. The clinic examines basic legal notions such as the rule of law, democracy and justice, framed around active-citizenship initiatives enabled by the principle of horizontal subsidiarity. Street Law presents these concepts using learner-based, interactive methodology – typical of all legal clinics – in a “train-the-trainer” format. As part of the clinic, the law students in turn teach these concepts to high school students in several theoretical and hands-on lessons at a local high school, resulting in “peer-to-peer” teaching. Not surprisingly, Street Law, initiated by student-activists in Washington DC in the early 1970s, is deeply infused with common-law legal-education methodology and principles. Traditional lecture-based methods typical of civil-law legal education give way to the Socratic method, guided discussions, guest speakers, onsite visits to local government offices, role-play, games and other hands-on activities designed to engage students in a challenging, new experience aimed at both increasing their practical skills and mastering legal principles. This paper will analyze the methodological aspects of the course, and the policy guidelines embedded in soft-law provisions emanating from various sources that offer sound rationales for including Street Law in legal education. It will also review the comparative-law notions inherent to the clinic that extend also to substantive legal concepts such as subsidiarity, a largely European notion, seeking parallels to it in the American legal system, as well as several of the fundamental rights and duties of democracy.

Spitzmiller, R. (2019). The Influence of Comparative Law in Teaching “Street Law” in Italy. ROMA TRE LAW REVIEW, Numero due 2019, 219-240.

The Influence of Comparative Law in Teaching “Street Law” in Italy

Rebecca Spitzmiller
2019-01-01

Abstract

This paper analyzes various comparative-law features inherent to teaching “Street Law” in Italy, a legal clinic now offered at Roma Tre’s Law Department. The clinic examines basic legal notions such as the rule of law, democracy and justice, framed around active-citizenship initiatives enabled by the principle of horizontal subsidiarity. Street Law presents these concepts using learner-based, interactive methodology – typical of all legal clinics – in a “train-the-trainer” format. As part of the clinic, the law students in turn teach these concepts to high school students in several theoretical and hands-on lessons at a local high school, resulting in “peer-to-peer” teaching. Not surprisingly, Street Law, initiated by student-activists in Washington DC in the early 1970s, is deeply infused with common-law legal-education methodology and principles. Traditional lecture-based methods typical of civil-law legal education give way to the Socratic method, guided discussions, guest speakers, onsite visits to local government offices, role-play, games and other hands-on activities designed to engage students in a challenging, new experience aimed at both increasing their practical skills and mastering legal principles. This paper will analyze the methodological aspects of the course, and the policy guidelines embedded in soft-law provisions emanating from various sources that offer sound rationales for including Street Law in legal education. It will also review the comparative-law notions inherent to the clinic that extend also to substantive legal concepts such as subsidiarity, a largely European notion, seeking parallels to it in the American legal system, as well as several of the fundamental rights and duties of democracy.
2019
Spitzmiller, R. (2019). The Influence of Comparative Law in Teaching “Street Law” in Italy. ROMA TRE LAW REVIEW, Numero due 2019, 219-240.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11590/352960
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