The Didactic Turn of German Legal Methodology

Jurisprudencija: Mokslo darbu žurnalas 23 (2):1233-1282 (2016)
  Copy   BIBTEX

Abstract

We note an increasing consciousness of weakness of legal methodology taught to law students today: The students get neither real idea nor feeling of legal decision-making as mixture of legal matters, issue of facts, personal inputs, diverging interests, and the interplay with other actors. For minimize these defects it is necessary that law students learn in legal studies the following points: (1) Legal decision-making is a special kind of decision-making and is embedded in all problems of this process. (2) Jurisprudence is a hybrid science: It deals with facts of issue as well with legal matter. (3) Jurisprudence will be understood as transnational science and requires greater cooperation between law schools all over the world. (4) Legal education should focus on general principles and legal tools rather than on detailed rules. (5) Legal theory should demonstrate students our lack of understanding legal decision-making. (6) A realistic legal methodology has to take into account the impossibility of absolute certainty of the correctness of legal decision. (7) It is important to point out that analysis of facts of the case as crucial part of legal methodology requires teaching systems to introduce students in the respective techniques in practice like case studies, projects as well as legal clinics or SASLA-system

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,853

External links

  • This entry has no external links. Add one.
Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Thomasius und die Rechtsgelehrsamkeit.Notker Hammerstein - 1979 - Studia Leibnitiana 11 (1):22 - 44.
Law’s Capacity for Vagueness.Doris Liebwald - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (2):391-423.
Mastering legal analysis and communication.David T. Ritchie - 2008 - Durham, NC: Carolina Academic Press.
Legal rights.Paulos Z. Eleutheriadēs - 2008 - New York: Oxford University Press.
The desire for happiness in didactic and academic reflection.Grzegorz Grzybek & Adrianna Mazur - 2012 - Ethics and Bioethics (in Central Europe) 2 (1-2):110-117.

Analytics

Added to PP
2013-10-31

Downloads
28 (#569,665)

6 months
1 (#1,471,470)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references