민사법 이론과 실무 교수법 － 사례유형의 결정에 관한 논의를 중심으로 － (Teaching Methodology for Theory and Practice of Civil Law － Focused on the Discussion of the Determination of Case Categories －)

서지정보

· 발행기관 : 한국민사법학회
· 수록지 정보 : 민사법학 / 43권 / 1호 / 339 ~ 367페이지
· 저자명 : 이태영

초록

Legal theory and legal practice are inherently inseparable, and they become solider when they interact each other. Therefore, it is the most desirable to have the interaction of legal theory and legal practice synchronized without any interruption of time as much as possible and the place where we can find the possibility to achieve such synchronization is the lecture hall where legal education is provided. Basically, the harmony between theory and practice in legal education is not an issue of distribution and combination of individual subjects, but an issue of the methodology of legal education. It is possible to resolve real disputes when an individual's legal knowledge is combined with his/her competence for legal practice. In this point of view, the legal education provided by a law school shall pursue integration, and what can be proposed as a practical alternative is to integrate subjects step by step. Cases can improve the harmonious synchronism in education of theory and practice, and may play a role as a medium enabling the gradual integration of contents learned in pieces. Different case categories suitable for performing such a role can be chosen according to the stage of integration of units or subjects concerned. From the overall point of view, individual subjects shall be taught mainly in [the issue raising style based on the fact description style at the level of facts set forth in decisions delivered by the Supreme Court] in order to secure the continuity between individual subjects and the integrated subject, and it would be safe to start the integrated subject of the "Theory and Practice of Civil Law" with the [fact description style +gradation style + (issue raising style + reasoning style)] and then proceed to the [(fact description style) + (material presentation style) + (combination style or connotation style) + (issue raising style + reasoning style].

영어초록

Legal theory and legal practice are inherently inseparable, and they become solider when they interact each other. Therefore, it is the most desirable to have the interaction of legal theory and legal practice synchronized without any interruption of time as much as possible and the place where we can find the possibility to achieve such synchronization is the lecture hall where legal education is provided. Basically, the harmony between theory and practice in legal education is not an issue of distribution and combination of individual subjects, but an issue of the methodology of legal education. It is possible to resolve real disputes when an individual's legal knowledge is combined with his/her competence for legal practice. In this point of view, the legal education provided by a law school shall pursue integration, and what can be proposed as a practical alternative is to integrate subjects step by step. Cases can improve the harmonious synchronism in education of theory and practice, and may play a role as a medium enabling the gradual integration of contents learned in pieces. Different case categories suitable for performing such a role can be chosen according to the stage of integration of units or subjects concerned. From the overall point of view, individual subjects shall be taught mainly in [the issue raising style based on the fact description style at the level of facts set forth in decisions delivered by the Supreme Court] in order to secure the continuity between individual subjects and the integrated subject, and it would be safe to start the integrated subject of the "Theory and Practice of Civil Law" with the [fact description style +gradation style + (issue raising style + reasoning style)] and then proceed to the [(fact description style) + (material presentation style) + (combination style or connotation style) + (issue raising style + reasoning style].

참고자료

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