This article explores the potential application of prefigurative law within Environmental Law Clinics (ELCs). It argues that ELCs can serve as significant sites for enacting prefigurative law strategies through legal education, legal assistance and advocacy/social mobilisation. They can tangibly demonstrate desired futures by modeling ideal environmental practices within their operations and representing clients committed to environment-friendly practices. In this respect, drawing upon conceptual analysis and synthesis of literature in prefigurative politics, legal theory, and clinical legal education, this article examines ELCs as a site for prefigurative law strategies. It focuses on the question: how can these strategies be best implemented in ELCs? To answer this question, it examines ELCs by focusing particularly on three sub-fields: legal education (3Ps: Pedagogical-Professional and Public education); legal assistance (social change lawyering models); and advocacy and socialisation (movements, advocacy, and activism). It also suggests an ELC model that embodies ideal environmental practices. Finally, it discusses how they operate to navigate change, providing an overview of the benefits and limitations of this approach for improving prefigurative environmental law and politics, based on its findings.

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The Potential Role of the Law Clinics in Prefigurative Law and Politics: Environmental Law Clinics as a Case Study

  • Zerrin Savaşan

摘要

This article explores the potential application of prefigurative law within Environmental Law Clinics (ELCs). It argues that ELCs can serve as significant sites for enacting prefigurative law strategies through legal education, legal assistance and advocacy/social mobilisation. They can tangibly demonstrate desired futures by modeling ideal environmental practices within their operations and representing clients committed to environment-friendly practices. In this respect, drawing upon conceptual analysis and synthesis of literature in prefigurative politics, legal theory, and clinical legal education, this article examines ELCs as a site for prefigurative law strategies. It focuses on the question: how can these strategies be best implemented in ELCs? To answer this question, it examines ELCs by focusing particularly on three sub-fields: legal education (3Ps: Pedagogical-Professional and Public education); legal assistance (social change lawyering models); and advocacy and socialisation (movements, advocacy, and activism). It also suggests an ELC model that embodies ideal environmental practices. Finally, it discusses how they operate to navigate change, providing an overview of the benefits and limitations of this approach for improving prefigurative environmental law and politics, based on its findings.