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美國 法學敎育方法의 變遷過程

The Development of Pedagogical Methods in Legal Education in U.S.A.

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Abstract

In the Late 1800's, legal education consisted of a comparatively short academic experience(Self-Study, Private Law School) and an apprenticeship program. Private law school classes often consisted of a professor standing in front of the class and reading from a legal treatise or text books. When Christopher Columbus Langdell was appointed Dean at Harvard Law School in 1870, he introduced the use of the case method, arguing this was a more scientific method of studying the law. Although Langdell's use of the case method was opposed when first introduced and for years afterwards, it eventually gained acceptance at Harvard and from there spread to other law schools. For most of 20 century it has been and continues to be the dominant pedagogical method in law schools. The problem method has emerged in recent years as a major alternative to the case method. Problem involves several issues cutting across several cases and statutes. Because the problem method requires the reading and analyzing of cases, it actually does everything the case method does. In addition, the problem method surpasses the case method by teaching students how to find their own answers to the legal problems, rather than just reading others found answers. Now it is hot issues if and how the law school system is introduced in Korea. When it is introduced in Korea, then it becomes important how to teach the law. Each of methods has strengths and weaknesses which make them more effective in meeting some educational goals and in teaching some skills than others. A combination of the lecture method and problem method would be appropriate to the be beginnings of law schools in Korea.

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