2011•Journal of Northwest University of Political Science and LawRequires access

Judicial Competitive,Legal Clinic and the Realistic Legal Education: from the Evolution of Legal Realism Tradition in Yale

Min Hu

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Abstract

Yale Law School is a legal education leader and its rise is not an accident. The transition of legal education ideas and realistic legal education contribute to the rise of Yale Law School. It is a criticism and revision of Langdell's case study method, which adapts to the needs of judicial competitive and adversarial system, is a reform in the lawyer specialization background, and is also a compromise facing the dilemma for moral and non-moral of legal profession. Furthermore, legal clinic is an important carrier of realistic legal education, which accords with apprentice type and practical legal education mode. Accordingly, contemporary American legal education's content, method, curriculum, professor, teaching methods and etc, have experienced fundamental changes, however, it is a hard choice between idealism and realism behind these changes.

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Yale Law School is a legal education leader and its rise is not an accident. The transition of legal education ideas and realistic legal education contribute to the rise of Yale Law School. It is a criticism and revision of Langdell's case study method, which adapts to the needs of judicial competitive and adversarial system, is a reform in the lawyer specialization background, and is also a compromise facing the dilemma for moral and non-moral of legal profession. Furthermore, legal clinic is an important carrier of realistic legal education, which accords with apprentice type and practical legal education mode. Accordingly, contemporary American legal education's content, method, curriculum, professor, teaching methods and etc, have experienced fundamental changes, however, it is a hard choice between idealism and realism behind these changes.

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Available abstract

Yale Law School is a legal education leader and its rise is not an accident. The transition of legal education ideas and realistic legal education contribute to the rise of Yale Law School. It is a criticism and revision of Langdell's case study method, which adapts to the needs of judicial competitive and adversarial system, is a reform in the lawyer specialization background, and is also a compromise facing the dilemma for moral and non-moral of legal profession. Furthermore, legal clinic is an important carrier of realistic legal education, which accords with apprentice type and practical legal education mode. Accordingly, contemporary American legal education's content, method, curriculum, professor, teaching methods and etc, have experienced fundamental changes, however, it is a hard choice between idealism and realism behind these changes.

Key concepts: Legal realism, Legal education, Law, Legal profession, Empirical legal studies, Legal formalism, Legal psychology, Legal pluralism

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