A World Without Law Professors

M. Siems
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引用次数: 7

Abstract

Inspired by Alan Weisman’s book “The World Without Us” (2007) I analyse the thought experiment of a world in which law professors suddenly vanished. First, without academic teachers legal training would shift back to the legal professions. Purely professional law schools would provide legal training for future lawyers. This is feasible in both Common Law and Civil Law jurisdictions. These professional law schools can also be involved in a more general provision of legal education. In addition, non-law faculties of universities can take responsibility for teaching on law-related subjects. Secondly, I analyse the impact on legal research. Self-referential research would diminish. Doctrinal research would persist but it would be done by practitioners and the current oversupply would melt down. At universities legal research would continue but it would shift to related fields of social sciences and humanities. Thus, the threshold would be an “academic dinner party test”: legal research would have to show that it is of interest for other academic disciplines. Overall, I would therefore expect some changes; however, legal education and research would not disappear. In some respects, one could even argue that without law professors the quality of both teaching and research may improve. The paper finishes with the implications for the current system.
没有法律教授的世界
受艾伦•韦斯曼(Alan Weisman) 2007年著作《没有我们的世界》(The World Without Us)的启发,我分析了一个法律教授突然消失的世界的思维实验。首先,如果没有学院派教师,法律培训将回到法律专业。纯粹的专业法学院将为未来的律师提供法律培训。这在普通法和大陆法系司法管辖区都是可行的。这些专业法学院也可以参与更普遍的法律教育。此外,大学的非法律系可以承担法律相关学科的教学责任。其次,分析了对法学研究的影响。自我参照研究将会减少。理论研究将继续存在,但将由实践者完成,目前的供过于求将会消失。在大学里,法律研究将继续进行,但将转向社会科学和人文科学的相关领域。因此,门槛将是“学术晚宴测试”:法律研究必须表明它对其他学科感兴趣。因此,总的来说,我预计会有一些变化;但是,法律教育和研究不会消失。在某些方面,人们甚至可以争辩说,没有法律教授,教学和研究的质量可能会提高。论文最后对当前系统的启示进行了总结。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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