Origin, Alienation and Domestication: On the Case Method Teaching in Law Undergraduate Education

Abstract

This paper explored how to apply case method teaching in undergraduate law teaching in China through comparative analysis, literature research and practical investigation. It was analyzed that the case method teaching has specific content, applicable scenarios and important significance in the United States where the method originated. However, when introduced into China’s law undergraduate education, this method has been alienated in the aspects of teaching status, teaching methods, teaching content and teaching effects, leading to a dilemma. In this condition, in order to realize the right application and domestication of the case method teaching, this paper proposed that based on China’s national conditions, conduct targeted reforms by clarifying which curriculum and what time to adopt case method teaching, cultivating qualified teachers, and perfect supporting mechanisms. Keywords—undergraduate course of law; case method teaching; alienation; domestication I. THE ORIGIN OF CASE METHOD TEACHING The case method in legal education was invented in 1870 by Christopher Columbus Langdell, Dean of Harvard Law School from 1870 to 1895. It brings the real jurisprudence made by the court into the class, based on the case, to scientifically cultivate legal talents with comprehensive practical ability. 1 It differs from the traditional teacher teaching method in two characteristics. The one is that it use a lot of real life cases. The other is that the Socratic questionand-answer session runs through the whole process. [1] US Justice Holmes once pointed out that the life of the law has not been logic: it has been experience.” Taking the cultivation of students’ practical ability as the springboard, the case method teaching makes use of the case report compiling and application. Through the teaching process, teachers and students pose and solve questions by discussions, and arguments, analyze and address issues in practical cases from different levels, angles, and aspects. Students are instructed to think like lawyers. In the case method teaching, teachers are teaching students the basic concepts and theories of 1 Wang Xiangxiu: American Law Case Method Teaching and Its Enlightenment to China [J].Career Horizon, 2013(3):79. professional courses, while focusing on cultivating students’ analytical skills, thinking and problem-solving capability. 2 It should be noted that the case method teaching does not neglect the role of teachers. Instead teachers in the classroom are as important as the judges in the trials of the AngloAmerican law courts, and they are mainly responsible for the organization of the class discussion. Specifically, let students get familiar with relevant readings before class. Design the detailed teaching content of the case. 3 In the course, the teacher asks the students according to the student’s discussion, controls the discussion process and depth, and concludes in the end. On the whole, there is no such thing as a “correct” answer in class discussion, but more training of students’ thinking ability. Judging from the effect, the case method teaching has the following important significance: First, it is conducive to stimulating students’ enthusiasm for independent learning. As the traditional one-way teaching mode is transformed into inspirational discussion mode, students participate actively in teaching activities. Students should preview the legal background, comprehend the case, and raise the legal issues of the dispute. [2] Every student is pushed by the outer pressure to express his opinion in the case discussion, which prompts students to concentrate on learning throughout the process. The transition from passive learning to active learning improves the knowledge learning efficiency and achieves the best teaching results. Second, it is conducive to enhancing knowledge feedback. The result of learning knowledge is to “use” knowledge, and the use of knowledge can give learners feedback. Law is a discipline that requires practice. Knowledge in the textbook and theoretical literacy is far more enough. Students must learn to apply what they have learnt to practice and solve real-life problems. [3] Only in this way, can law students become excellent legal talents to meet the needs of social development. The implementation of the case method teaching enables the book knowledge to be practiced in the real life, which tests students’ mastery of knowledge, gives feedback to students as 2 Yang Fei: Re-understanding of the Status and Role of Legal Teaching Methods [J]. Journal of Guangdong University of Foreign Studies, 2007(5): 47 3 Ding Zhihua: A Comparative Study of Two Case Study Teaching Methods in American Law Education, Law Methodology (17), Shandong People's Publishing House 3rd International Seminar on Education Innovation and Economic Management (SEIEM 2018) Copyright © 2019, the Authors. Published by Atlantis Press. This is an open access article under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/). Advances in Social Science, Education and Humanities Research, volume 286