디지털 전환과 법교육의 미래 - 법사회학적 접근 방식의 시사점 -

Abstract

Digital transformation is emerging as a topic of the present age. This means a full-scale change in the traditional social structure, and it is expected that the perception of legal norms will also change accordingly. However, it is difficult to predict these changes in advance. The reason is that, from the viewpoint of legal theory, the nature of digital transformation is expected to further amplify the indeterminacy of the law. In this respect, a situation will develop in which it is more important to appropriately recognize the ‘legal reality’ rather than the already ‘established legal norms’. In other words, it shows that understanding the gap between legal norms and legal reality will be the central topic of future law-related education. Therefore, in the future environment of digital transformation, it is necessary to take a new approach to law-related education. To this end, this article examines the approach in the perspective of Sociology of Law that focuses on the gap between legal norms and legal reality. The content of law-related education in the current school curriculum is in the context of emphasizing compliance with established legal norms. In that sense, it can be evaluated as premised on essentialistic and objectivistic epistemology. However, on this epistemological basis, it is difficult to effectively conduct law-related education that can effectively respond to the changing legal reality. At this point, it is expected that the approach in the perspective of Sociology of Law that pays attention to the ‘law as a social phenomenon’ or the ‘legal reality’ can provide significant implications. Based on this approach, this article suggests the following medium-and long-term development directions for current law-related education. (i) It is necessary to include contents related to legal changes in accordance with social changes in the curriculum. (ii) It is necessary to reflect the contents of legal culture in the curriculum. (iii) the education on life law needs to be conducted in connection with social law education opportunities, not school curriculum. (iv) A convergent approach to education that can be included in other subject areas beyond the legal knowledge system should be attempted. (v) In relation to the training of law education teachers, education on basic jurisprudence(philosophy of law, sociology of law, etc.) should be provided.