상세검색
최근 검색어 전체 삭제
다국어입력
즐겨찾기0
커버이미지 없음
KCI우수등재 학술저널

민사법 이론과 실무 교수법

사례유형의 결정에 관한 논의를 중심으로

  • 1

Legal theory and legal practice are inherently inseparable, and they become solider when they interact each other. Therefore, it is the most desirable to have the interaction of legal theory and legal practice synchronized without any interruption of time as much as possible and the place where we can find the possibility to achieve such synchronization is the lecture hall where legal education is provided. Basically, the harmony between theory and practice in legal education is not an issue of distribution and combination of individual subjects, but an issue of the methodology of legal education. It is possible to resolve real disputes when an individual s legal knowledge is combined with his/her competence for legal practice. In this point of view, the legal education provided by a law school shall pursue integration, and what can be proposed as a practical alternative is to integrate subjects step by step. Cases can improve the harmonious synchronism in education of theory and practice, and may play a role as a medium enabling the gradual integration of contents learned in pieces. Different case categories suitable for performing such a role can be chosen according to the stage of integration of units or subjects concerned. From the overall point of view, individual subjects shall be taught mainly in [the issue raising style based on the fact description style at the level of facts set forth in decisions delivered by the Supreme Court] in order to secure the continuity between individual subjects and the integrated subject, and it would be safe to start the integrated subject of the Theory and Practice of Civil Law with the [fact description style +gradation style + (issue raising style + reasoning style)] and then proceed to the [(fact description style) + (material presentation style) + (combination style or connotation style) + (issue raising style + reasoning style].

Ⅰ. 들어가는 말

Ⅱ. 법학전문대학원교육과 사례유형

Ⅲ. 사례유형의 분류와 검토

Ⅳ. 일본 신 사법시험의 분석

Ⅴ. 민사법 이론과 실무의 사례유형

Ⅵ. 맺는말

참고문헌

로딩중