Contradicciones entre lo declarado, lo enseñado y lo vivido en la enseñanza del Derecho
The present study suggests that there are three "sources" for conceptions of Law in Law schools: what is stated, what is taught and what is lived. Our aim is to approach the conceptions that flow out of these sources and expose the contradictions and contrast between them. For the level of...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2020
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| Acceso en línea: | http://revistas.derecho.uba.ar/index.php/academia/article/view/406/360 http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=academia&cl=CL1&d=HWA_6894 https://repositoriouba.sisbi.uba.ar/gsdl/collect/academia/index/assoc/HWA_6894.dir/6894.PDF |
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| Sumario: | The present study suggests that there are three "sources" for conceptions of Law in Law schools: what is stated, what is taught and what is lived. Our aim is to approach the conceptions that flow out of these sources and expose the contradictions and contrast between them. For the level of the stated, we present a preliminary study of a group of Peruvian Law school profiles of graduation in order to demonstrate the centrality they place on values like justice in the practice of the law, as well as the graduates' role as agents of change in society. For the level of the taught, we focus on critical research studies on legal education, which question formalistic, legalistic and positivistic conceptions that emanate from its contents, methods and evaluation systems. These standpoints criticize Law for presenting itself as neutral, when it is markedly ideological and particularly conservative. Finally, for the level of lived experience, we show the results of two interviews with students from two Law schools, in which they share problematic experiences of regulation in their relationship to their teachers. A conception of Law flows at this level that is tied to a model of authority that is unequal, hostile and arbitrary and disrespectful of the rules that regulate its function. Drawing from reflections on the contradictions and contrasts between these diverse conceptions, we propose actions to promote that our law students develop their own conception of Law. At this point, the notion of our "own conception of Law" acquires relevance, for it does not exclusively refers to an intellectual knowledge, but to our understanding of the Law, which operates in our way of living the Law. In that sense, a "conception" is a special kind of knowledge: it is more a posture than a definition, more a position than a theoretical preference. |
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