Study In Legal Education Value

This text focuses on the value of legal education and is clued by thetraining of legal persons so as to discuss the knowledge value, legal techniquevalue, value of legal way of thinking, morality value of legal profession andlegal belief value of legal education, and research the connection among thefive factors .The basic structure of this text consists of four parts, i.e. research of thesignificance of the value of legal education, philosophy explanation of valueand values of legal education, value system of legal education etc .Firstly, research of the significance of the value of legal educationThe part of introduction is based on the research of the history andpresent of legal education, as well as the properties and structure of legaleducation to further testify the necessity and possibility of the existence oflegal education value. On this basis, it is to analyze the attitude of academiatowards status in quo of legal education research in our country and to furtherexpound the academic significance and practical value of legal education valueresearch. The research target of this text tends to expound academically andsystematically the necessary impact of legal education on the diathesis of legalpersons and to provide rational support for legal education reform.Secondly, philosophy explanation of the value and values of legaleducationThis chapter is mainly to expound the principle meaning andcharacteristics of legal education value and to analyze the meaning andsignificance of legal education values from the angle of legal philosophy. Onthis basis, it is to elaborately review the values of legal education humandiathesis and the difference, cause and trend of gradual amalgamation ofprofessional diathesis values, as well as the direction of the reform of legaleducation values in our country.Legal education value is a certain kind of satisfaction that legal education,which is an object of social education system, brings to the developmentdemand of such subjects as persons, legal profession and society. Thecharacteristics of legal education value are relativity, absoluteness,multi-dimension and identity. Legal education values are the stable attitudeformed from the relationship between subjects'personal needs and interestsand legal education under certain historical condition. In substance, it is themotile reflection that the object——legal education affects on human brains. Itis an opinion mode formed from the relationship between the characteristicsand functions of legal education, the object, and the subjects'personal needsand interests. It is the reflection of different attitudes and estimations that thesubject has to legal education values. Legal education values focus onreflecting the idealistic predict of legal education subjects'diathesis. In review of legal education in major countries on the world, the mainidealistic predict of the diathesis of legal education subjects can be classifiedinto two types: profession diathesis and human diathesis. The representative ofthe former is Britain and the United States, while the representative of thelatter is France and Germany. The reason for the difference of legal educationvalues is the difference of legal opinions, legal origin and status of templar andjurisconsult in the process of setting up legal order of the two major legalsystems. In the contemporary era, the two different values tend to unification.From the angle of classic configuration, the legal education values in ourcountry belong to neither human diathesis nor profession diathesis. Though inhistory, the legal education values in our country were once under theinfluence of these two values, certain warps happened during the process ofabsorption of instrumentalism legal opinions. In the trend of knowledgeeconomy, sustainable development and globalization, the legal educationvalues in our country require to be re-established. Thirdly, value system of legal educationThe value system of legal education consists of five chapters: knowledgevalue, legal technique value, value of legal way of thinking, morality value oflegal profession and legal belief value of legal education. Ⅰprincipal value of legal education that is transmitting, conformityand innovating legal knowledge In legal education, knowledge is the media of communications betweenteachers and students. It is one of the indispensable materials of legaleducation. Knowledge teaching is the major way to bring legal education intoplay. By means of knowledge teaching, reasonable knowledge structure can beprovided to legal way of thinking and the knowledge foundation of legaltechnique can be founded. By means of knowledge understanding, themeaning frame of law and society, law and legal persons can be provided tostudents, and belief and way of living of ruling by law can thereafter beachieved. Knowledge can be classified into different types according to differentstandards. Different types of knowledge play different roles in legal education.Therefore, legal knowledge and non-legal knowledge, canonical knowledgeand method knowledge, domestic legal knowledge and foreign legalknowledge, know-what and value knowledge should be in reasonableproportion. The problems of legal education in our country in terms ofcollocation of different kinds of knowledge are as follows: paying muchattention to legal knowledge while paying little attention to non-legalknowledge, paying much attention to canonical knowledge while paying littleattention to method knowledge, paying much attention to domestic legalknowledge while paying little attention to the teaching of foreign law andcomparative law, paying much attention to know-what knowledge whilepaying little attention to value knowledge. Therefore, one of the importantcontents in teaching reform is to review the status of different kinds ofknowledge in legal education and thereafter to re-establish the proportion ofdifferent kinds of knowledge. Legal education takes effect on the knowledge value by means oftransmitting, conformity and innovating. Legal education actualizesknowledge conformity in the process of knowledge transmitting, andactualizes knowledge innovation on the basis of knowledge conformity. Legaleducation actualizes students'knowledge and diathesis training by means ofknowledge transmitting, i.e. knowledge saving, abstracting and internalizing,etc.. It promotes law development and indirectly influences students'diathesisby means of knowledge conformity and innovation. ⅡThe professional practical value of legal education that is Legaltechnique training Legal technique is a general concept of relevant capacity, technique andmeasure of people who engage in legal profession. These capacity, techniqueand measure are closely related to legal profession. The inner logistic relationbetween legal education and legal profession decides the legal educationtechnique value. Legal technique which is the outer skill in completing legalwork belongs to the apparent operative value. On one hand, indirect value is that legal education lays a theoreticknowledge foundation to legal technique by means of class teaching. On theother hand, direct value is that legal education demonstrates, simulates anddirects practical exercise in order to complete technical teaching tasks bymeans of non-class teaching. The western experience for reference is clinicteaching, which provides chances for students to get access to direct andfirst-hand experience. It provides chances of practical exercise for technicaltraining of legal matter settlement. It is also the ideal method for students tolearn how to learn from experience and how to obtain technique. Legaltechnique training is a weak point in our legal education. The key to actualizetechnical value in our legal education is to reform class teaching and establishteaching system that organically combine class teaching with clinic teaching. ⅢThe professional practical value of legal education that is legalway of thinking training The way of legal thinking ,which is the internal special quality of legalist,belong to the invisible value of operation lies in legal education. Legal way of thinking is the comparatively stable and fixed thinkingpattern that is shown by different kinds of thinking factors and theircombinations in certain ways and process during the course of legal cognitionby legal community. The particularity of legal way of thinking differs fromother ways of thinking reflected combined factors of way of thinking. On one hand, legal education provides hardware——knowledge andknowledge structure for legal way of thinking. On the other hand, it providessoftware——thinking capacity for way of thinking. Firstly, legal educationdesigns external frame for reasonable knowledge structure by course schedule,enriches knowledge for reasonable knowledge structure by textbooks andactualizes knowledge internalizing by teaching activity. Secondly, legaleducation also provides knowledge basis for thinking capacity and rationalspace for thinking capacity training, which includes equal dialogue space,academic edification space and uniform thinking capacity development space.In order to bring legal education in our country into play, it requires to perfectcourse schedule, and the more important, to reform teaching methods so as toactualize the training of student thinking capacity. ⅣThe cultural value of legal education that is Legal professionalmortality developing In respect of legal education to legal professional ethic and morality, itcan be divided into two sides. From the angle of legal professional ethic, legalprofessional ethic belongs to ethic knowledge, therefore legal education has asignificant meaning to it. From the angle of legal professional morality, thereare two different opinions to the issue of whether legal education has asignificant meaning to it. One opinion is negative. The other is positive. Thefocus of debate between two sides is whether study experience in legalinstitute and special morality course play a positive role in student moralitydevelopment. It should be the cultural value of legal education as it can let thestudents improve professional legal morality as well as the right attitude andhigh ability in the use of knowledge. The value of legal education to legal professional ethic and morality isreflected in two aspects. The first aspect is to set up legal professional ethiccourses to foster students'morality cognition. The second aspect is to seekeffective teaching methods to foster students'morality quality. The moralityteaching is a kind of attitude teaching, which is different from knowledge andtechnique. The key to attitude teaching is the transmission from cognition totrust, and from trust to behavior. In this process, the key to whether legaleducation can take effect is students'emotion experience. Therefore, analyzedin the current way of teaching methods, the effective methods to actualizeprofessional ethic cognition are lecture method, infiltration method,question-teaching method, while the effective methods to actualize studentmorality emotion experience are case-teaching method and representativeactivity of demonstration and experience. The legal professional ethic and morality teaching in our country is still aleak. Though the legal education in our country also covers general ethiceducation, the particularity of legal professional ethic and morality is notprominent. Therefore, the legal education in our country should not onlyrevivify the position of legal professional ethic and morality, but also, and themore important, seek effective ways of legal professional ethic and moralityeducation. ⅤThe ultimate value of legal education that is Legal belief valuedeveloping Legal education nurtures legal belief in the premise that make fully use ofthe basic value ,practical value and cultural value. It is an ideal state andculminating value of legal education as it shapes legal quality. Legal belief means on one hand that legal is the general belief of people.It means on the other hand the truthful trust and pursuit of the subject to thebelief object. The legal belief of legal persons is a kind of self-conscious beliefand it is the unification of legal value and the subject's mentality. Therefore,legal education is important for the forming of legal belief. Firstly, legaleducation promotes the process of legal rationalization and lays an objectivefoundation for the forming of legal belief by means of providing legalcognition system and fostering of legal skepticism. Secondly, legal educationfosters rational body by means of teaching legal knowledge, inspiring beliefconsciousness, offering legal belief target and dependence, and thereaftercreates the subjective factor of legal belief. The essential of legal education to foster legal belief is to figure lawpersonality, because legal belief is the intangible ligament that decides legalpersons'diathesis: it provides legal persons with a legal notion that unifiesdifferent kinds of legal cognition and a ultimate standard for legal persons tomake judgment between goodness and evil. It is the channel ofcommunications between hearts of legal persons. The legal belief of legalpersons is the most solid supportive system for law. In our country, legaleducation is under the influence of instrumentalism and focuses on theprofessional diathesis that serves certain aims while neglecting legal belieftraining of students. Therefore, every measure of the current legal educationreform should encircle the core of legal belief and undertake overall reform. Fourthly, conclusion Generally speaking , the value system of legal education consist of theprincipal value, the professional practical value , the cultural value and theultimate value of legal education. By means of legal education value research, we are able to recognize...