wahkothowin课堂中的法律阅读与正义想象

Sarah M. Buhler
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摘要

本文分析了萨斯喀彻温省萨斯卡通市一个名为“Wahkotowin课堂”的创新社区教育项目。该课程汇集了来自法律、英语和土著研究学科的前帮派成员、土著高中生和大学生,共同学习法律、正义和不公正。课堂上的学生一起阅读法律文本,然后在课堂上人们的生活经历的背景下讨论和批评这些文本。本文借鉴了Wahkotowin项目的经验,认为律师和法律系学生阅读和解释法律文本,并与边缘化社区的成员一起谈论正义的做法是一种“获得正义的创新”,作为知识的共同学习者和共同创造者,与那些对法律和司法系统的影响有着重要生活经验的人合作。它抵制了法律体系或律师垄断司法的观念,为律师、法学院学生和社区成员一起想象司法开辟了空间。总的来说,这篇文章认为,对于那些寻求改善诉诸司法机会的法律体系内的人来说,与有直接司法系统经验的边缘化社区成员接触并向他们学习是很重要的,Wahkothowin阶层就是如何做到这一点的一个例子。
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READING LAW AND IMAGINING JUSTICE IN THE WAHKOHTOWIN CLASSROOM
This article analyzes an innovative community-based educational project called the “Wahkohtowin class” in Saskatoon, Saskatchewan.  The class brings together former gang members, Indigenous high-school students and university students from the disciplines of law, English, and Indigenous studies to learn together about law, justice, and injustice. Students in the class read legal texts together and then discuss and critique these texts in the context of the lived experiences of people in the class. Drawing on the experience of the Wahkohtowin project, this article argues that the practice of lawyers and law students reading and interpreting legal texts and talking about justice together with members of marginalized communities is an “access-to-justice innovation.” It is an innovation because it is a model that positions lawyers and law students not as experts but, rather, as co-learners and co-creators of knowledge with people who possess important lived experiences of the impacts of law and the justice system. It resists the notion that the legal system or lawyers possess a monopoly on justice, opening space for lawyers, law students, and community members to imagine justice together. Overall, this article argues that it is important for those within the legal system who are seeking to improve access to justice to engage with, and learn from, members of marginalized communities who have direct experience with the justice system and that the Wahkohtowin class is one example of how this can happen.
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发文量
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审稿时长
16 weeks
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