USA legal education of
This paper originates from " 2010" Chinese reform sixth years period date of publication in 2010 06 months 01 days Caixin magazine subscriptionHttp://service.caing.com/magshop/

Ge WeibaoPljev

America people generally think, many senior government officials will be famous law school graduates. The current Vice President America President Obama, Biden and Secretary of state Hilary has a law degree. 40% of the members of the Obama cabinet have legal education background. In fact, in the past 44 American president, 25 are legal persons. Usa Inc chief executive is also part of lawyers, and many social organizations founder or leader also received legal education or training. In American, not only university law school education is to cultivate graduates with legal practice and teach, the more important is to let them have in government, business, diplomacy and all can have influence on public policy and social institutions in the leadership.

With the law and lawyers are playing a more and more important in the development of Chinese economic and social role, pays more attention to the Chinese legal education and legal institutions of self is expected. Clearly, in the process of reform of legal education system at present China to cultivate a new generation of legal professionals of the, debate, bold and innovative thinking is essential. Maybe we get from America legal education reform experience in some of the ideas, for Chinese reference.

Legal education is important

The legal system is far from perfect America, but in our eyes, the law for the promotion of national economic prosperity, maintaining social stability, safeguard citizen's freedom and rights, as well as a more just society play a key role in building. The importance of legal institutions in the law and legal system. Legal education is the training ground American national future.

Legal education should prepare people for the role after graduation. This concept seems simple, actually is a big challenge to legal education. Legal Education Trust, the current many or even most of the rule of law in their student's occupation career will be changed, and the new law will also continue to expand. For example, 20 years ago America, who could imagine that there would be in the virtual cyberspace law, complex financial instruments constraint then unknown laws, or rules of bio ethics in medical practice legal? Similarly, in the Chinese, current laws and 20 or 30 years ago the law also be quite different, and Chinese law will continue to change rapidly in china. Therefore, the legal issues the best lawyer hands cases often involve complicated, no clear answer, no winning strategy, and has the advantages of high risk. The lawyer is a frontier fighting in the legal development and legal practice. They need to be "problem solvers", the so-called "problem" is the rule of law by the perplexing groups, institutions and evolving.

Therefore, training objectives America best law school, is to make the students have the ability to cope with the uncertainty of the future. For example, Dean of Harvard University law school, said, "Harvard Law School is like thinking people's paradise, but these ideas can change the world...... The people here are attracted by the system and rules of strength, at the same time that the policy of reform and often bring There's no telling consequences; they are committed to use the law to serve the society."

At Yale Law School, we not only lawyers to cultivate the best. Borrowing from the school site description, we are equally committed to "culture aspects of Leadership: domestic and international law school dean and excellent teaching staff, the industry's business leaders and corporate legal counsel, founder, non-governmental organizations and other non-profit entity enterprise, federal, state and local government officials and judges."

How to effectively carry out the education of law

USA experience is, legal education is the best way for training students thinking of lawyer. This means, a good program of legal education should be cultivating the students' ability to solve legal problems, past experience has proved this point. These capabilities include: first, critical thinking; second, not just about what the law is, they should think more about what the law should be; third, to persuade others to logical argument.

First, good law schools help students develop critical thinking. Critical thinking means asking questions about everything -- in fact, the rule of law, the basic premise, the implicit assumption, logical steps, what is inevitable and what is possible, what is the best results, other people think is correct, their hypothesis is correct. The best legal education can stimulate students to ask probing questions, because this is the core of lawyers do all the work of the. The best legal education, is not only to provide students with the exact answer, but also to teach students how to ask meaningful questions.

Secondly, the legal education of the best occupation career expectations of students should not be confined to the daily affairs. Should enable students to actively think they think about what the law should be, and understand the law now is how. Law students need to bear in mind the purpose and role of law, rather than the form of law; should also have the ability of reflection thinking often, some legal purpose is correct, and the objective is to achieve.

Equally important, good law schools should make people to explore how to achieve "fair" and "the rule of law," because these are the ultimate goals of a good legal system. When people are seeking solutions to legal disputes new, these should be considered, is the impetus to the legal reform. Of course, "fair" or "rule of law" meaning is complicated and controversial, but the discussion of these issues and arguments should be part of legal education. Legal education should encourage students to use their professional skills to contribute to social progress. If legal professionals are not in order to establish the rule of law and to promote justice as its mission, who will assume this responsibility? Because lawyers by complex real world fetters, face all kinds of temptations, the cultivation of legal education of the students will make ethical behavior, ethical and moral issues in complex (legal education America is graduate education, before starting, law school education lasts for three years of the students have finished four years of undergraduate study and other professional and get the degree, many people have several years of work experience. Therefore, accept legal education for students with diverse experiences, values and educational experience).

"Third aspects of thinking" by law way, is to recognize that others may not agree with their point of view. To become a successful lawyer, must learn how to persuade others through analysis the reasonable. The best legal education to cultivate students' reasoning ability convincing. The law is a kind of culture of argument, in view of the current confrontation, the lawyer is always committed to the rational persuasion. To be persuasive, we must first understand the position of others, so as to allow their own reasoning around each other stakeholders theory, rather than to their own concerns of.

Law school is how to build these important intellectual skills? It is derived from the personal teaching and students' learning. Since the core of legal education is the cultivation of thinking and analysis ability, therefore, in reading, spoken language expression and writing hard are ideal ways to develop those skills. The best legal classrooms is active discussion and dialogue, rather than knowledge. In the course of law, critical thinking skills of students by teachers training and conscious shaping can molding. Students' individual learning should also be active rather than passive -- should continue to question what they read, rather than mere memory.

Law schools American and elsewhere have realized in the legal culture of great value to provide opportunities for students to practice in the process -- let the students have the opportunity to contact the real case, the real customers and litigation cases. This is usually achieved by the so-called legal clinic. These legal clinic is a core part of American most law school, they will be legal life of students in the real -- not only is the observer, is still learning practice. Clinical legal education contributes to the establishment of law society concept, since the clinic clients are often vulnerable groups cannot bear the legal service charge. In USA most law students think clinical education learning career very valuable part, as well as a useful supplement to the classroom education.

Good legal education also includes an emphasis on research. Academic power in the teaching of law, often reflected in the deep thinking and critical inquiry, seek to perfect the legal method, not only the laws summarized. The most outstanding legal scholars and teachers can combine theory with practice. How will they improve idealism law combined with the operational realism. Their knowledge of law is often associated with other disciplines, such as economics and political science. In USA we sometimes hear complaints -- estimation of these in Chinese can be heard -- namely law scholars put forward suggestions often is the complete lack of practical. However, the law enforcement people, including government officials, are often too pragmatic. They pay too much attention to the daily affairs, that is not on how to improve the fair system given enough consideration.

Legal education is important and difficult. Is important, because the law itself is so important and penetration in public policy and all aspects of human life. Why it is difficult to solve, because of legal disputes and the establishment of good legal institutions are difficult. For those who work and efforts to improve the people's legal education, these challenges are also great opportunities. American legal education goal is to consolidate the social and build the future of the country. Because of this, a strong legal system and the rule of law is one of the core strength of the American. Legal education is to train the future leaders of different industries and areas. They are only a few will become American president, cabinet ministers, chief executive officer or leader of a social organization, but they all have the ability to make a contribution to society.

Ge Weibao (Paul Gewirtz) is a professor at Yale University law school, director of the Yale University Chinese Law Center
Pljev (Jeffrey Prescott) as the deputy director of the Yale University Chinese Law Center

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Point of Order – Why Legal Education Matters
By Paul Gewirtz and Jeffrey Prescott

As law and lawyers are playing a bigger and bigger role in China's development and society, it is not surprising that new attention is being given to legal education and to law schools in China. Clearly a wide-ranging debate, bold experimentation, and new thinking will be necessary as China retools its legal education system to help train the next generation of legal professionals. Perhaps some ideas from the American experience may be worth reflection

Americans know and expect that many senior government officials will be graduates of leading U.S. law schools. President Obama, Vice President Biden, and Secretary of State Clinton all have law degrees. When President Obama meets with his full "Cabinet" – the heads of all the major U.S. government departments percent of those in the - 40 room have a legal education. Indeed, 25 of our 44 American Presidents were legal professionals. A significant percentage of U.S. corporate CEOs are former lawyers, and many social organizations were founded or are directed by someone with legal training. Law schools in the United States prepare their graduates not only to practice law and teach law, but also to play leading roles in government, in business, in foreign affairs, and in the full range of institutions that influence policy and society

Why is legal education so important in the U.S.? Our legal institutions are far from perfect, but we see law as central to advancing our economic prosperity, maintaining our social stability, securing our liberties, and building a more just society. Law schools are important because law and legal institutions are important. Legal education in the United States, then, is the training ground for America's future

Legal education should prepare people for the roles they will play after law school. This apparently simple idea actually creates a daunting challenge for legal educators, and not simply because lawyers play many different roles. Law teachers can be certain that many – perhaps most – of the current legal rules will change during their students'careers. New areas of law are sure to develop. For example, in the United States 20 years ago, who could imagine that there would be laws of cyberspace, laws regulating then-unknown complex financial instruments, or laws of bio-ethics in medical practice? Similarly, in China, the law today is very different from what it was 20 or 30 years ago – and we can confidently predict that the law will continue to change rapidly in China. Thus, the best lawyers usually work on matters where the legal issues are complicated, the answers aren't clear, the strategies for prevailing aren't obvious, and the stakes are high – they work on the frontiers of legal development an D legal practice. They need to be "problem solvers" where the relevant factors in the "problem" are not numbers but complex people and institutions and evolving legal rules

Our experience in the United States is that the best legal education trains students to "think like a lawyer." What does this mean? It means that a good program of legal education should give students skills that, experience shows, will enable them to address legal problems effectively(1) to (2) think critically; to think not just about what the law is, but what it should be; and (3) to use reasoned argument as a method of persuading others

First, good law schools help students develop the habit of critical thinking. Critical thinking means asking questions about everything – the facts, the legal rules, basic premises, hidden assumptions, logical steps, what seems inevitable and what is possible to accomplish, what is the best result, whether other people's ideas are right, whether one's own assumptions are right. The best legal education challenges students to ask probing questions because this is essential to almost everything lawyers do. The best legal education is as much about teaching students how to ask good questions as it is about providing specific answers

Second, since the best legal education anticipates that the students'careers will not involve just routine matters, legal education should engage students in discussing what they think the law should be, as well as understanding what the law is now. Law students need to keep the functional purposes of law in mind, not just its formalities, and should develop the tools to question whether the purposes of particular laws are the right ones and whether the law's purposes are actually being realized

Just as importantly, good law schools should address questions of what "justice" and "the rule of law" require, since these are the ultimate goals of a good legal system. They should be part of the analysis whenever novel legal issues are presented for resolution, and a motivating force in legal reforms. Of course, the meaning of "justice" or "the rule of law" can be complicated and debatable. But discussing and debating these ideas should be part of legal education. Indeed, legal educators should encourage law students to use their professional skills to contribute to the good of society. If legal professionals do not feel a responsibility to contribute to the rule of law and to promote justice, who will And since lawyers are deeply? Enmeshed in the complex real world and are not immune to its temptations, particularly when the stakes are high, the best legal education should prepare students to act ethically, and think about difficult ethical and moral challenges. (In the U.S., this task is easier because Law is a graduate education program: law students have already completed a four-year undergraduate degree in some other field before starting a three-year law school program. Many students have worked for several years before entering law school. So students come to legal education with a diverse set of background values and educational experiences.)

A third aspect of "thinking like a lawyer" is to recognize that not everyone starts out sharing one's own point of view. To be effective as a lawyer means learning how to persuade other people with reasoned argument and analysis. The best legal education trains students to reason persuasively. Law is a culture of argument, in which lawyers are constantly engaged in a reasoned, back and forth effort to persuade others. To be persuasive typically requires an understanding of where other people are coming from so that one can shape one's arguments to their concerns, not only one's own

How do law schools build these important intellectual skills? It starts with the classroom and private study. Since the core of legal education is training in ways of thinking and analysis, hard work in reading, speaking, and writing are ideal ways to develop those skills. The best legal classrooms have active discussion and dialogue, not just lecturing. The law school classroom is the place where the skills of critical thinking can be practiced by the students and also modeled by their teachers. Students'private study should also be active rather than passive – constantly interrogating what they read rather than just memorizing it – and students should see dialogue with their peers as key to the learning process

Law schools in the United States and elsewhere have also learned that there is great value in providing law students an experiential element in the course of their legal training – an exposure to real cases, real clients, law-in-action. This is typically done by "clinics" that are now a [office] central part of every major U.S. law school. These clinics expose students to the real life of the law – not only as observers, but also as practitioners-in-training. Clinical legal education helps introduce the idea that lawyers can make a social contribution, since the clinic's clients are often disadvantaged persons who could not otherwise afford legal services. American law students typically find clinical education an invaluable part of their training and an enjoyable supplement to the classroom

Good legal education also includes an emphasis on research. The best law teaching reflects the scholarly impulse to think deeply and probe critically, seeking ways to improve the law and not just to summarize it. The best legal scholars – and the best law teachers – combine theory and practice. They combine idealism about how law can be improved with realism about what is possible. Their knowledge of law is often informed by other disciplines, such as economics and political science. We sometimes hear complaints in the U.S., and we are sure they are heard in China too, that legal scholars sometimes make proposals that are not "completely practical." But legal practitioners, including government officials, are often "too practical." They can be so focused on day-to-day practical affairs that they do not think enough about improving the system of justice. Legal scholars are a tremendous resource for a legal system and giving them time and space for free inquiry is very much in society's interest

Legal education is important and difficult. It is important because law itself is so important and pervades so much of public policy and human affairs. It is difficult because addressing legal issues well and building good legal institutions are difficult. These challenges create tremendous opportunities for those who work in the field of legal education and try to improve it. Legal education in the United States is about strengthening American society and about America's future, for the same reason that a strong legal system and the rule of law have been central to America's strengths. Legal education is about training people who, in many different ways, are future leaders in their society. Only a few will become President of the United States, a Cabinet Secretary, a CEO, or a leader of a social organization, but they all can develop skills that contribute to their society

Paul Gewirtz is Professor of Law and Director of The China Law Center, Yale University; Jeffrey Prescott is Deputy Director of The China Law Center, Yale University