做错法学院:案例教学与一体化法律实践方法

G. Marsden
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引用次数: 0

摘要

从一开始,朗德尔案例法就被用来教导一代又一代的美国法律学生进行法律分析和推理。几乎同样长的时间里,商学院的学生也在使用他们自己版本的案例法来学习和实践管理决策。在法学院,“案件”是指上诉法院的判决,学生们必须对其进行分析,为苏格拉底式提问做准备。对商学院学生来说,“案例”是他们必须解决的一个叙述性问题,然后在有节制的课堂讨论中辩论和捍卫自己的解决方案。本文对比了这两种案例方法,首先定义了方法本身,以及相关的概念,包括苏格拉底对话和基于问题的学习。然后,它断言法学院和商学院的案例方法都不是为学生准备律师入学和法律实践的最佳方法。在对这两种方法进行详细检查后,特别强调小组工作的作用,然后将重点转移到拟议的综合法律实践方法。这种建议的方法借鉴了商学院的案例教学,通过向学生提供实质性和形容词法律知识,以及法律实践所需的技能,努力解决当前美国法律教育的不足。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Doing Law School Wrong: Case Teaching and an Integrated Legal Practice Method
Since its inception, the Langdellian case method has been used to teach legal analysis and reasoning to generations of U.S. law students. For nearly as long, business school students have used their own version of the case method to learn and practice management decision-making. In law school, a ‘case’ is an appellate court decision, which students must analyze in preparation for Socratic questioning. To business students, a ‘case’ is a narrative problem they must solve, before debating and defending their solutions in a moderated classroom discussion. This paper contrasts the two case methods, first defining the methods themselves, as well as related concepts including Socratic dialogue and problem-based learning. It then asserts that neither the law school nor the business school case method is optimal to prepare students for bar admission and the practice of law. Following a detailed examination of both methods, with particular emphasis on the role of group work, the focus then shifts to a proposed Integrated Legal Practice Method. This proposed method draws on business-school case teaching, in an effort to address the shortcomings of current U.S. legal education by providing students not only with substantive and adjective legal knowledge, but also with the skills necessary for legal practice.
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