Problem of Teaching Law

Law
he statement of YÖK, which envisions the introduction of a ‘restriction in order of success’ to the students who will be placed in the Medical and Legal programs of 30.01.2015, brought the discussions about the teaching of law into the agenda again in the context of the quality issue.

Professor Dr. Prof. Dr. Muharrem Kılıç / Akdeniz University

The statement of the Higher Education Council on 30.01.2015, which envisages the restriction in order of success to the students who will be placed in the Medicine and Law programs, has brought the discussions about the teaching of law into the agenda again in the context of the question of quality. According to this statement, in order to be applied in the ÖSYS in 2015, the success rate for the faculties of law was determined as 150.000th place and 40.000th place for the medical faculties. This decision of the Council of Higher Education, the processes and results of a multidimensional problem turned into a problem of law teaching has brought to our attention again.

In recent years, law teaching has been the subject of intense criticism over the functioning of the judicial system, the practice of law and the profiles of the lawyers. The teaching of law can be discussed in a wide range from the philosophical questioning of the nature of the law to the teaching methods and tools of law as a learning object.

Law teaching is a matter of concern not only to those who study in terms of education, but to society as a whole.

Because it is possible to shape and maintain the social order within the framework of justice, but it is only possible with a law teaching that is related to justice.

At this point, an analysis of the teaching of law must be done about him / herself and the ideals he / she needs to do.

Therefore, it should first be stated that the teaching of law is a knowledge-centered dynamic learning process. The law, which corresponds to a harmonious structural whole between the sociological phenomenon and the normative phenomenon, is a system that governs the dynamic fluidity of social change. Therefore, academic / knowledge competence should be targeted in law teaching.

First of all, law education must be based on a philosophy that can give the student the knowledge of the law about universals (universal general principles of law, ethics and conscience). This implies an expectation that the jurist will discover the areas of the universal universal value that lie behind the legislation and the judicial decisions. Law, in addition to expressing a professional field, also points to an identity in hardware and behavior. In this respect, law teaching is expected to correspond to an ethos in the jurist. Because legal knowledge must be transformed into an emotional and behavioral action with the ideal of justice.

For this purpose, the competency levels of the jurist typology which is aimed at the education of law should be determined in the ideal sense. At this point, firstly theoretical competence should be mentioned.Together with globalization, the concentration of socio-economic, cultural and legal interactions has brought a systemic rapprochement between the legal order. Consequently, there is a transnational legal culture and professional practice areas that exceed the limits of national law. Legal education requires a theoretical competence on such a global scale.

It is also essential that law teaching also aims at a methodological level of competence. Accordingly, the lawyer needs to improve the problem solving skills. Legal practice is, in essence, a methodological issue based on the association between abstract norm and concrete fact. In this sense, law can be described as a problem-solving art.

Teaching processes should be based on a methodology in which the student’s active participation is ensured, not by takrir management, in order to gain the ability to transform theoretical legal knowledge into problem and solve problem. In this framework, learning processes should be structured based on a teaching method enriched with discussion and case studies.

Another point that is important for an ideal protagonist prototype is the intellectual hardware. Acquisition of this equipment will be possible with the knowledge of law and other related disciplines in the curricula. As a matter of fact, in accordance with the complex sociology of the present age, jurists are faced with very difficult legal problems.

One of the critical points of the legal education process is the ability of the student to diagnose the relevant legal problem, to get information about the solution of this problem easily and to solve the problem. The main tool to make this skill possible is that the lawyer has a vast knowledge of a wide range of fields. In order to achieve this, the curriculum of the legal education should include courses on philosophy, sociology, methodology, logic and economics. As a result, the quality issue in law teaching is multidimensional, which cannot be reduced to the multiplicity of faculties and relative quotas.

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