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Legal education in the United States

2019-01-18 来源: 51due教员组 类别: 更多范文

下面为大家整理一篇优秀的assignment代写范文- Legal education in the United States,供大家参考学习,这篇论文讨论了美国的法律教育。现代美国的法律教育独具特色,没有一般意义的法律本科生,建立了不同于世界各国的法律教育体系。除此之外,美国的法律教育秉承实用主义精神,遵循职业教育理念,在学制选择、课程设置、教学方法等方面更侧重培养学生的实务能力、职业技能、职业道德和社会责任感,注重维护社会公平和正义。

Legal education,美国法律教育,assignment代写,paper代写,北美作业代写

The legal education in modern America has its own characteristics, and there is no general legal undergraduates. In addition, it also has the following characteristics: adhering to the spirit of pragmatism, following the concept of vocational education, paying more attention to the cultivation of students' practical ability, vocational skills, professional ethics and social responsibility, and paying attention to the maintenance of social fairness and justice in the aspects of school system selection, curriculum setting and teaching methods.

The right to conduct law education in the United States is not in the hands of the federal government, and the education department has no right to intervene. Therefore, each bar association makes different curriculum standards according to the state and law school. At the same time, the development of philanthropy in America led to the prosperity of private education. In order to enroll high-quality students and raise more charitable funds, each law school has adopted the independent form in the choice of academic system, course content and teaching method of law education, thus forming the diversified situation of law teaching in the United States.

The legal education in the United States is the post-undergraduate education, generally speaking, there are three types to choose from: J.D., ll.m. and J.S.D. J.D. requires applicants to have a bachelor's degree and pass the law school entrance exam. J.D. is an American orthodox legal education. After passing J.D., you can take the bar exam. Most American students choose this system. LL.M. usually studies after getting J.D. Generally speaking, it will take nine months to complete. In addition to focusing on general theory, LL. Therefore, it is very common for American law schools to offer different ll. m. courses according to different professional categories. The degree of J.S.D. is based on academic research. You cannot graduate without completing your doctoral dissertation and passing the oral examination. To apply to J.S.D., you need to submit a research plan. Both U.S. and foreign students can choose to attend, and there are no strict requirements for the length of schooling. Because J.S.D. 's requirements for essay writing have been strengthened, the school has more autonomy in reviewing students' applications. The school will decide whether to grant admission to applicants depending on whether the professors have the will to guide them and whether the committee will review them. In practical terms, it seems that American universities do not tend to admit foreign students without the degree of LL. But there are no similar requirements for native students.

There is no uniform law curriculum standard in the United States. Each law school adheres to the principle of theoretical service and practice, and has great autonomy and flexibility in the setting of supporting series of elective courses in addition to the core basic compulsory courses according to the needs of legal career development. After completing courses such as constitution, criminal law, contract law, tort law, procedural law and legal writing in the first year, students can choose deeper and more detailed courses or more advanced special lectures according to their own interests and hobbies.

Flexible teaching methods in American law courses, teachers really regard students as the subject of education, and the teaching method focuses more on the communication and exchange with students. Its teaching is not only about teaching the rules of law, but also about teaching the way lawyers think -- how to use cases, how to operate cases, how to turn cases into things that can be argued, and how to consider cases from the standpoint of different parties. Therefore, in addition to the large classes, the curriculum is more flexible in the form of organization, group discussions, group projects and other ways more common. Teachers seldom teach textbooks according to the book, and pay more attention to how to create a relaxed and independent learning atmosphere. They point out the focus of debate, and constantly ask questions from different angles, so as to conduct highly heuristic vocational training for students.

Pragmatism is at the heart of American education. American law education attaches great importance to the practice to show the life of law. Therefore, more emphasis should be placed on the law in daily life in teaching, so as to cultivate students' ability to understand and apply the existing legal system to analyze and solve problems.

In 1871, the dean of harvard law school proposed that the appellate court's decisions highlighting legal principles and concepts were the real authority of the common law, and these decisions should be compiled into teaching materials for students to use. In the teaching process, we should adopt Socratic teaching method to replace expository teaching in these cases. Since then, this teaching method has been carried out in the teaching activities of various law schools. In case teaching method, teachers need to select typical cases according to the teaching content and distribute them to students. Students are required to read these cases before class, and analyze and sort out the facts of the cases, the points of contention, the court decisions and their reasons. In class, the teacher is like a Socratic guide, who does not need to explain, but raises various experimental questions, organizes students to understand the legal concepts and principles hidden in the case, and analyzes and evaluates the legal concepts and norms involved. This teaching method to cultivate the students gain insight into how legal problems occur, as well as how lawyers, courts and the legislature's ability to try to solve, through case study, make students understand how to apply the law of relevant materials, keep the fact that the legal principles to specific combination, and is expected to social reform or actual use of the influence of the legal principles. For law students, living cases are far more appealing than boring encyclopedic knowledge.

The case teaching of clinic teaching helps students to understand the development of legal principles and cultivate their legal thinking. In the United States, there are generally two methods of clinic law teaching. One is a simulated clinic. Under the supervision and guidance of full-time teachers, students simulate various roles of cases and experience the whole process of legal case handling, including providing legal advice, writing legal documents and filing lawsuits. One is real clinic teaching. Under the guidance of teachers, students can deal with legal issues in a real way and develop their legal practice skills through specific exercises.

A legal person who values ethical excellence is not only a successful technician, but also a person who is full of wisdom, which transcends legal knowledge and skills, but whose professional ideas are based on moral ideals. Only in this way, can we be respected, can we recognize the meaning of the intrinsic value of the activities, and can we get more happiness in the legal professional activities. The so-called wisdom or professional concept based on ideal is legal professional ethics. American legal education attaches great importance to the cultivation of legal professional ethics. The American bar association designated in all courts of law, ethics courses, requires that all students receive the history of the legal profession and its members, objectives, structure, obligations, the values of education, including the journal of the American bar association rules of professional conduct "education, and law school in teacher selection scope, including members of the court and lawyers association. From the perspective of practice, the legal professional ethics education in the United States has reached a relatively mature state, and each law school has formed its own distinctive curriculum design scheme. These programs include the integrated teaching curriculum, individual curriculum, clinic teaching, simulation practice teaching and so on. In order to give students a real understanding of legal ethics, case teaching method, question-oriented teaching method, Socratic teaching method, video display, cooperative course, expert collaboration, discussion and teaching and other methods are adopted for comprehensive development.

Traditional law school programs with joint degrees focus more on law courses. It trains students to master more legal skills than other behavioral or social science abilities. In order to strengthen the integration of disciplines and enable graduates to have more abilities at different levels, the American bar association has approved the establishment of joint double degree in law schools. In this regard, law schools in the United States are also very willing and active in cooperating with other schools and departments in the university to promote the joint dual degree program. The most common and popular degree to date is the joint degree in law and business administration, but there are also joint degrees in law and other disciplines.

The American bar association states that law schools in the United States are obligated to provide public services to society. In 2012, the New York state bar association even stipulated that from 2015, law graduates must complete 50 hours of legal services before being admitted to the bar. Since then, law schools have followed suit, developing their own standards of legal public service and curriculum. As defined by Columbia law school, 40 hours of legal public service is a compulsory law course. In terms of curriculum system, in addition to special lectures and community services, students can also participate in the legal aid projects set up by the public welfare law center established by the college. In order to ensure the quality of legal public service, American law schools impose strict qualification restrictions on students engaged in legal public service in terms of professional skills, professional skills and working hours. Second, see strict legal public service training; Thirdly, sufficient working time and continuity of work can be ensured.

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