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

本文的研究对象是18世纪以来德国特别是普鲁士大学的法学教育史。我主要关注律师理论学习和实践培训的关系。在18世纪，这两种表演都是在大学里进行的。与19世纪转折点的司法改革并行，这两种制度是分开的。也就是说，法律的理论学习由大学提供，实践训练由法院进行。学术教育沦为以历史和哲学为基础的法律教条。例如，像Relationstechnik这样的技能此时被排除在学术教育之外，只在司法法院提供。在这项研究中，我首先考察了一种文学类型--法律教条学体系是如何由大学教授形成的，这一体系应该由法学专业的学生来研究。然后，我询问了目前德国、奥地利和瑞士的法律教育改革情况。我特别关心一个问题，即目前的德国大学是否提供实践培训，以及提供什么样的实践培训，并对这个问题进行了调查，其结果是我可以展示古塔赫滕方法的表现。此外，我还考察了日本大学接受欧洲法理学、法哲学、法律史和比较法的文化迁移的过程。

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.