Teoría de los conceptos en la enseñanza del Derecho en base a casos concretos
Law is the least developed intellectual discipline concerning modern learning techniques. The very nature of law principles has prevented the exact sciences current developments to be applied and, consequently, the advances in legal logic and epistemology have been scarce. From time immemorial, the...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2012
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| Acceso en línea: | http://revistas.derecho.uba.ar/index.php/academia/article/view/628/547 http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=academia&cl=CL1&d=HWA_3419 https://repositoriouba.sisbi.uba.ar/gsdl/collect/academia/index/assoc/HWA_3419.dir/3419.PDF |
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| Sumario: | Law is the least developed intellectual discipline concerning modern learning techniques. The very nature of law principles has prevented the exact sciences current developments to be applied and, consequently, the advances in legal logic and epistemology have been scarce. From time immemorial, the lecture has been and remains the main teaching instrument in law schools around the world. Only by the end of the last century researchers have begun to demonstrate conceptually that active education and especially the handling of specific cases, was perhaps the most appropriate method to learn to interpret the legal system, not only by the application of individual norms, but also from the viewpoint of the entire legal system. This technique has been particularly used in common law systems, but as we shall see, is also perfectly applicable to Roman law systems, mostly based in the Code of Continental Europe. Fortunately, Latin America has not been immune to this revolution and there is a renovating current that sees active training as the safest method for law students. Within this faculty, we can cite, among many other teachers, the following: Héctor Fix-Zamudio, Reinaldo Vanossi, Rogelio Perez Perdomo, Mark Kaplan, Eduardo Novoa Monreal, Humberto Quiroga Lavié, Jorge Tapia Valdés, and especially Jorge Witker, a Chilean professor based in Mexico, whose works have been required as bibliography in the methodology of teaching law courses in most Latin-American countries. Although in practice active training and especially the case method have produced excellent results, the fact is that there is little theoretical progress to demonstrate, from an epistemological point of view, why such approach is valid. However, as we shall see, the few attempts that have been found in the cultural theories a good starting point to provide a philosophical explanation as to the reason or unreason underlying the different methods of legal learning, and especially that of casuistry. |
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