Theoretical and Practical Study in Law-Faculties Geman Experience since the 18 Century

本文的研究对象是18世纪以来德国尤其是普鲁士大学的法律的教育史。我主要关注的是律师的理论学习和实践训练之间的关系。在18世纪，两者都在大学演出。在世纪的转折点上，与司法改革平行，这些被分开。即由大学提供法律的理论学习，由法院提供实践训练。学院教育被简化为以历史和哲学为基础的法律的教义学。例如，这样的技能，因为Eschenstechnik是由这个时候排除在学术教育和提供只有在司法法院。在这项研究中，我首先以一种文献类型--Rechtsencyklopaedie--为基础，考察了应该由法律的学生学习的法律的教义学体系是如何由大学教授形成的。接着，我又询问了当前德国、奥地利和瑞士的法律的教育改革情况。本文针对目前德国大学是否开设实践教学以及开设什么样的实践教学这一问题进行了调查研究，并对Gutachten方法的实施情况进行了分析。此外，我还考察了文化转移的过程，在这一过程中，欧洲法学、法律的哲学、法律的历史和比较法在日本大学得到了接受。

The Subject of this research is a history of the legal education at german, specially prussian universities since the 18 century. I gave attention mainly to relations between theoretical study and practical training for the lawyer. In the 18 century the both were performed at the university. Parallel to the judicial reform at the turning point to the 19 century these were separated. Namely the theoretical study of law was given by the university and the practical training by the court. The academic education was reduced to the legal dogmatics, based on history and philosophy. For example such a skill as Relationstechnik was by this time excluded from the academic education and offered only at the judicial court. In this research I investigated at first on the ground of a literature type, Rechtsencyklopaedie, how the system of legal dogmatics, which should be studied by legal students, was formed by university professors. Then I inquired about the reform of the legal education in the present Germany, Austria and Switzerland. I was particurarly concerned with a question, whether and which kind of the practical training is offered at the present german universities and made a investigation about this probleme As its result I could show the performance of the Gutachtenmethode. Further I examined the process of cultural transfer, in which european jurisprudence, legal philosophy, legal history and comparative law were received in Japanese universities.