La Academia jurídica según Owen Fiss
A group of faculty has been participating in the Latin American Seminar of Constitutional and Political Theory (SELA) for the last twenty years with the aim of introducing some new practices to the Latin American academy. Yale Law Professor Owen Fiss has been a leading figure in these meetings which...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2014
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| Acceso en línea: | http://revistas.derecho.uba.ar/index.php/academia/article/view/550/485 http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=academia&cl=CL1&d=HWA_3356 https://repositoriouba.sisbi.uba.ar/gsdl/collect/academia/index/assoc/HWA_3356.dir/3356.PDF |
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| Sumario: | A group of faculty has been participating in the Latin American Seminar of Constitutional and Political Theory (SELA) for the last twenty years with the aim of introducing some new practices to the Latin American academy. Yale Law Professor Owen Fiss has been a leading figure in these meetings which has been built following UBA Professor Carlos Nino legacy. The author of this article believes that these practices are absent in the local academy in part due to the continental law tradition. Therefore, he relates the ideas of Fiss and Nino, and those exposed over the years at the Seminar, and offers some recommendations to improve legal training and academic activity in Latin American and Argentine. First, he address that one of the major problems found in local academy is the artificial distinction between legal studies and philosophical ones. Furthermore, the separation between training for practice and academic training is also a deficit in it. The author points out, following Fiss, that the best lawyers are those educated in a strong academic tradition and that philosophical training is not antithetical with practical training. Formalistic legal style is pervasive, although not exclusive, of Latin American region and is one of the causes of its academics shortages. The author continues his work highlighting some features that Fiss attributes to Yale Law School, and that he thinks have been also present at the SELA, such as the encouraging of faculty creativity and the organized chaos climate that reigns over the curriculum and pedagogic practices. He also remarks the necessity of the existence of an academic community and the behavior of faculty as good citizens involved in actual political and social problems. These are the ideals and goals that local legal tradition should try to achieve and the aim of the author is provide ideas to reach them. Finally, the author deliberates over the real possibilities of accomplishing such goals and about the actual impact that the SELA could have in a legal culture based on different principles and presuppositions. |
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