법학교육방법의 개선방향
The Instructional Methods of Jurisprudence and the Direction for Improvement
0
조회
0
다운로드
16
인용
0
참고문헌
키워드
초록
As korean law school was founded in 2009, there are more serious discussion about the instructional methods of jurisprudence than ever before. This article mainly discusses about the direction for improvement of legal education in law school. First, this article starts from two fundamental characteristics of jurisprudence, namely theoretical directivity and practical directivity. The fact that jurisprudence has these two characteristics simultaneously means that knowledge of legal theory and legal practice should be integrated altogether. Second, we take a general view of six different instructional methods, which have used in american law school: Lecture, Case Method, Interactive Case Analysis, Problem Method, Legal Writing, and Legal Clinic. Finally, this article tries to devise the ways to integrate both theory and practice in actual legal instruction based on previous discussion. Legal theory and legal practice can not only be differentiated from each other, but also be inter-penetrated. Eventually “practice-directional instruction of legal theoretical knowledge” and “theoretical-directional instruction of legal practical knowledge” can be realized especially by knowledge of basic law and special law.
Abstract
As korean law school was founded in 2009, there are more serious discussion about the instructional methods of jurisprudence than ever before. This article mainly discusses about the direction for improvement of legal education in law school. First, this article starts from two fundamental characteristics of jurisprudence, namely theoretical directivity and practical directivity. The fact that jurisprudence has these two characteristics simultaneously means that knowledge of legal theory and legal practice should be integrated altogether. Second, we take a general view of six different instructional methods, which have used in american law school: Lecture, Case Method, Interactive Case Analysis, Problem Method, Legal Writing, and Legal Clinic. Finally, this article tries to devise the ways to integrate both theory and practice in actual legal instruction based on previous discussion. Legal theory and legal practice can not only be differentiated from each other, but also be inter-penetrated. Eventually “practice-directional instruction of legal theoretical knowledge” and “theoretical-directional instruction of legal practical knowledge” can be realized especially by knowledge of basic law and special law.
참고문헌 (17)
- 김재원, "미국 로스쿨의 법학교육방법-Case Method에 관한 오해와 이해-", 법철학연구, 9(2), pp.57~80 (2006), 한국법철학회
- 박강우, "미국 법학교육의 과거와 현재" (2005), 동성출판사
- 박민, "법학교육방법론에 대한 소고", 교육법학연구, 18(2), pp.73~95 (2006), 대한교육법학회
- 신창섭, "미국의 로스쿨과 법학교육", 안암법학, 20, pp.28~38 (2005)
- 법학의 학문성, "법철학연구", 2006, 7~14, pp.한국법철학회
- 양천수, "법률가 양성교육 체제 정립기의 법학방법과 법학교육 -독일과 영국을 예로 하여-", 법철학연구, 9(2), pp.31~56 (2006), 한국법철학회
- 예링, "다시 지상에서 - 어떻게 개선할 것인가?", 서울대학교 법학, 39(3), pp.73~101 (1999)
- 이상돈, "기초법학" (2008), 법문사
- 한봉희, "법학교육방법론의 재검토", 충남대 법률행정연구소 논문집, 12, pp.35~49 (1984)
- Benjamin H. Barton, "A Tail of Two Case Methods, Symposium : Looking Forward : The next sixty years of clinical legal education", Tennessee Law Review, 75 (2008)
- Edward O. Wilson, "Consilience: The Unity of Knowledge" (1999)
- James Eager, "The Right Tool for the Job : The effective use of pedagogicalmethods in legal education", Gonzaga Law Review, 32, pp.389~416 (1996)
- Langdell, "Teaching Law as a Science", American Law Review, 21, pp.123~ (1887)
- Myron Moskowitz, "Beyond the Case Method : It's Time to teach with problems", Journal of Legal Education (1992)
- Paul L. Caron, "Back to the future : Teaching Law through stories", University of Cincinnati Law Review, 71, pp.405~420 (2002)
- Todd D. Rakoff, "A Case for Another Case Method", Vanderbilt Law Review, 60, pp.597~ (2007)
- William M. Sullivan, "Educating Lawyers - Preparation for the Profession of Law, in: The Carnegie Foundation for the Advancement of Teaching" (2007), John Wiley & Sons
