The Struggle For Legal Philosophy (Vis-à-Vis Legal Education): Methods and Problems
Imer B. Flores
Abstract
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Imer B. Flores
Abstract
Open-access reader
The article challenges the empirical claim that suggests that the legal skills needed to successfully practice law are not —and cannot be— learned at law schools, and contrasts it with the conceptual claim that indicates that the legal tasks needed for practicing law presuppose a legal theory —or at least requires a link between theory and practice. Hence, the dual claim –empirical and conceptual — is that legal philosophy is an important part of a legal curriculum and necessary to bridge, rather than to deepen, the existing gap between theory and practice.
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The article challenges the empirical claim that suggests that the legal skills needed to successfully practice law are not —and cannot be— learned at law schools, and contrasts it with the conceptual claim that indicates that the legal tasks needed for practicing law presuppose a legal theory —or at least requires a link between theory and practice. Hence, the dual claim –empirical and conceptual — is that legal philosophy is an important part of a legal curriculum and necessary to bridge, rather than to deepen, the existing gap between theory and practice.
Key concepts: Legal research, Empirical legal studies, Philosophy of law, Legal realism, Legal education, Legal profession, Legal psychology, Dual (grammatical number)