Font Size: a A A

The Style Of Law Schools

Posted on:2005-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y D LiuFull Text:PDF
GTID:2156360122485356Subject:Legal theory
Abstract/Summary:PDF Full Text Request
To build the modern society of rule of law, the legal professionals withexcellent legal education and training background are in bad need. Nowadays,the task of bringing up such legal professionals falls on law schools managedby professional schoolteachers and enroll students regularly as well asengage in legal researches. Young people, one group after another throughcollege legal education are transformed from laymen to qualified legalprofessionals. During such period, law schools throw great influences onthose young men so that in the future a special social section, which arecapable of undertaking the responsibility that our society endow to couldcome into being. Therefore, discussions on legal education, like what kindof style should law schools possess and how to improve the education levelsto foster qualified legal professionals arose our attention. This paper triesto do research on the style of law schools from the view of philosophy oflaw.This paper mainly composed by four parts. Firstly, I start to study the styleof law schools by studying language, which was deemed as the chief tool toexpress as well as to develop law. As a result, it is believed that thosenot skilled in language are not capable of engaging in legal career. In fact,the science of law is the science of language, what law schools are doingis actually to teach a set of legal language. The language in law schooltherefore should be standard, accurate, indistinct and reasonable. Secondly,I try to prove that law schools should pay great attention to human beings,that is to say they should be humanism, since the logical starting point oflegal science as well as its value and final aim is human. Law schools should,based on theory of human nature instruct students to set up legal belief andconsciousness, and give human being the most concern. Thirdly, I demonstratethat in modern society, the aim of rule of law is to pursue and public theformal rationality, which emphasizes on the objective and formality part oflaw. Therefore, to guide the students to care more about legal methods andprocedure law are what law schools should do. Last but not the least, I believelegal education should be much more practical. Because law schools are notonly deal with teaching but also with research, they should teach young peoplethe methods to judge and more importantly to use what they've studied tosolve problems rather than be simply contented by studying legal theories.When looking back into the history, we could find that it is not until moderntimes did the specialized legal education came out. Ever since then, eachstate had formed the legal education styles of their own under differentculture backgrounds. Furthermore, the economic globalization and as theresult of which, the globalization of law made it possible for differentcountries' law schools to communicate freely and equally with each other.As a result, when paying attention to the new developments, that is theclinical education method, which is happening worldwide nowadays, I also makecomparative studies on legal education between china and overseas. Based onsuch comparative study, I analyze and evaluate in this paper the problemsresulting from Chinese traditional legal culture, such as the nonstandardand indistinct of legal language, the conception of public law and good humannature, the habit of stressing on substance rather than on proceedings andpreferring legal theory to legal practice during education etc., in orderthat, as I have planed, it could be a help to Chinese law schools'development.
Keywords/Search Tags:Schools
PDF Full Text Request
Related items