Research on Development of Legal Education Methods to Promote Creative Legal Minds - Towards the Science of Law for Law Creation

点击翻译按钮获取中文摘要

This research aimed to develop legal education methods in order to encourage students to perform creative legal thinking. The study was done on the following 4 objectives and the results were integrated to develop the legal education methods : (1) the theoretical clarification of fundamentals of creating law, (2) the analysis of legal creation in practices and education, (3) the development of education methods for creative legal minds and (4) the development of legal education support systems for this purpose.(1) This research defined "creating law" as producing legal sentences which cannot be deduced from given legal knowledge and clarified the logical structure of legal reasoning in law application in which one produces fact statements from evidential data and concretized as well as systematized rules from statutes. This study also clarified the ground of value judgments of produced rules through sociological surveys of people's senses and the theories of law and economics. (2) The research clarified the dimensions promoting student's creative legal thinking in American as well as continental law education. (3) It developed the education methods for creative legal thinking which are based on realistic problems, guided under the framework of the structure of legal knowledge and executed through debates, using a legal knowledge base system, a debate system or a Socratic methods support system. (4) It developed legal education support systems for creative legal mind: Legal Knowledge Base System LES-7 and 8, Socratic Methods Support System LESS and Online Legal Debate Support System.Consequently, we have developed legal education methods for creative legal minds which are practically very efficient in law schools. Our research has made clear next research tasks to realize a consistent, spiral legal education for creative legal minds from the first year courses through the third year courses in law schools.