9. Climate clinics as a site of climate wellbeing?
The context of climate is not unique in causing students to reflect on their role and professional identity as (future) lawyers. The experience of encountering clients in clinic who have been treated unfairly by the legal system, or who have been unable to protect or assert their rights, is common across clinical programs. However, the existential threat and hydra-headed nature of the climate crisis brings into focus these issues of professional identity more viscerally and more starkly for students who want to contribute positively to addressing the climate crisis but may not know how to do so.[1] Aided by reflective practice, students can ask: What kind of lawyer can and should I be? What does it mean to practice law for the environment?
In considering the intersection of climate learning in law and student wellbeing, the recognition that how students learn is at least as important as what they learn is significant.[2] Clinical methodology — with the emphasis on small, collaborative groups engaging in personally and professionally meaningful work — offers an environment that is well placed to meet the basic psychological needs for autonomy, relatedness and competence, as well as providing a sense of purpose.[3] The clinic has been described as a ‘practice community’ where staff and students cultivate a sense of belonging, valuing and promoting empathy and support to others.[4]
A clinical model for climate-related learning provides students with an opportunity to share these concerns and, critically, to act on them to contribute positively and collectively to a more positive vision of the future. In acquiring the skills to understand and respond to a client’s legal problem, students then connect that individual’s problem or experience with a broader advocacy agenda — such as climate change.
KEY QUESTION
- How might the experience of being in a climate clinic, and seeing how you can use legal knowledge and skills for people and communities fighting for climate justice, help you see a role for lawyers in a time of environmental crises?
- Monica Taylor, ‘Climate Crisis, Legal Education and Law Student Wellbeing: Pedagogical Strategies for Action’ (2021) 40(3) University of Queensland Law Journal 468; ‘Climate Action Portal’, PILnet (Web Page) <https://www.pilnet.org/our-work/case-studies/climate-action-portal/>. ↵
- Taylor (n 1) 468. ↵
- Leah Wortham, Catherine F Klein and Beryl Blaustone, ‘Autonomy-Mastery-Purpose: Structuring Clinical Courses to Enhance these Critical Educational Goals’ (2012) 18 International Journal of Clinical Legal Education 105. ↵
- Lisa Bliss, ‘The Impact of Clinical Legal Education on Professional Identity Formation’ (Susan Campbell Oration, Monash University, 19 October 2023). ↵
There are many definitions of climate justice. The definition by the Climate Justice Global Alliance states that ‘climate justice advocates for equitable solutions that prioritize the needs of those who are most affected by climate change, strive to reduce greenhouse gas emissions, and ensure that the burdens and benefits of climate action are distributed fairly, taking into account historical and systemic inequalities.’ Climate justice has various aspects:
- Distributive justice: paying attention to inequalities in the causes, burdens of addressing and experience of impacts.
- Procedural justice: ensuring participatory, accessible, fair and inclusive processes to address climate change.
- Recognition justice: centring voices of those who have historically been marginalised, such as First Nations in Australia.
- Reparative or corrective justice: considering what actions are necessary to redress and repair harms caused