민법학 교육, 무엇이 문제인가 (New Perspectives on Legal Education of Civil Law)

서지정보

· 발행기관 : 연세대학교 법학연구원
· 수록지 정보 : 법학연구 / 12권 / 2호 / 37 ~ 59페이지
· 저자명 : 김동훈

초록

없음.

영어초록

For the discussion of reform of legal education we have to talk about the relation between test and education. Briefly, test and education cannot coexist. So-called the high stakes test destroys the current legal education in universities. So we have to consider how to abolish the current test for qualification of lawyers. That means the stress should be put on education rather than test. That will leads to the introduction of law school system.
Especially for the education of civil law we should consider about negative effects of the Pandekten system of civil code. The main feature of this system is the wide use of general principles. Particularly the first book of code consists of general principles and concepts only. But this system led to the extreme abstractness and the clift between legal theory and business world.
I suggest that we have to try to escape from the rigid system-boundness ant pursue pragmatic approach. For example the order of the second book and the third had better be exchanged for the better understanding of students. In the first book the juridical act had better be taught before the subject of rights.
Besides I put accent on the development of good materials just for use of classroom, for example 'Cases and Materials' of U.S. law schools. The current textbook namely the treatises cannot evoke the interest of students. And the educational use of cases cannot be overemphasized. Cases should not be regarded as merely a source of law rather than a example of conflict and its solution.
Lastly we have to prepare for the introduction of law school system. The appropriate method of legal education should be debated deeply and its focus be on the question how to develop the legal mind of students.

참고자료

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