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Article
From 'The Art of War' to 'Being Peace': Mindfulness and Community Lawyering in a Neoliberal Age
California Law Review (2007)
  • Angela Harris
  • Margaretta Lin, East Bay Community Law Center
  • Jeffrey Selbin
Abstract

Through a case study and lawyer narrative describing the role of the East Bay Community Law Center (EBCLC) in a housing development struggle in West Oakland, California, this Article explores the intersection of the practice of community lawyering with the practice of mindfulness.

Mindfulness is a practice that cultivates the conscious interplay between the interior world of self and the outer world of relationships. A small literature on law and mindfulness has emerged, in which mindfulness is prescribed both as a palliative for an ailing profession and a model for increased attentiveness to the needs of clients. This Article suggests that mindfulness is also relevant to the practice of advocating for community economic justice.

Part I describes the implications for Oakland of the shift in the U.S. political economy to a post-industrial, neoliberal regime. Part II describes EBCLC's Community Economic Justice practice. Part III provides a case study of a struggle in which private developers, local residents and city officials squared off over the nature and implications of the largest market-rate housing development so far in the history of West Oakland. Through a first-person narrative, lead attorney Margaretta Lin reflects on the lessons of this struggle through the lens of mindfulness.

Part IV offers a tentative theory on the practice of mindful lawyering. We suggest that mindfulness can be more than a self-help practice for the legal profession. Mindfulness can help community lawyers balance a central tension in their work: how best to advocate on behalf of subordinated and disenfranchised communities within the existing political economy while holding fast to a vision of civic life that is more diverse, transparent and participatory.

Keywords
  • legal services,
  • social justice,
  • mindfulness,
  • clinical education,
  • community economic development
Publication Date
2007
Citation Information
Angela Harris, Margaretta Lin and Jeffrey Selbin. "From 'The Art of War' to 'Being Peace': Mindfulness and Community Lawyering in a Neoliberal Age" California Law Review Vol. 95 (2007)
Available at: http://works.bepress.com/jeffrey_selbin/6/