학술논문
Educating Lawyers for the Global Economy:
이용수 5
- 영문명
- 발행기관
- 경희법학연구소
- 저자명
- Carole Silver
- 간행물 정보
- 『경희법학』제44권 제3호, 420~455쪽, 전체 36쪽
- 주제분류
- 법학 > 민법
- 파일형태
- 발행일자
- 2009.09.30
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국문 초록
영문 초록
How should law schools and faculties participate in preparing their students to work in a global economy? This presents a complicated question for several reasons. First, the nature of law itself challenges the notion of educating lawyers to work in a global context. There is no single “global law” to teach, despite evidence of convergence in
certain areas. And we surely cannot teach the law of each nation; there are too many and too many differences among them. We probably cannot even accurately anticipate which national legal regimes will assume importance in the career of any particular student.
A second complication arises because legal education itself plays different roles in different societies. In thinking about how legal education might best prepare students to work in a global environment, we need to anticipate the ways in which globalization will intersect with their work, which in turn requires knowledge of the roles our graduates
assume. Legal education, however, produces quite different opportunities for graduates depending upon where the education occurs. In the US, nearly all graduates become qualified as lawyers and approximately three-quarters of all lawyers work in private practice settings.
This common experience informs much of our thinking about how globalization will matter in lawyers’ careers because we can focus on the private practice context. It allows us to consider categories of clients and issues likely to raise globalization’s relevance and to aim our efforts to educate in those directions. In contrast, in Korea, at least until recently, where law was taught as an undergraduate course of study and most law students realistically
expect to pass the bar examination, the role of law graduates is much less uniform and determined. This calls for a different approach to thinking about how globalization might shape the curriculum in school and assume importance in the work of law graduates.
It would not make as much sense in Korea to focus on the nature of global clients if too few graduates worked in representative capacities where clients were the focus of their activities. The variety of outcomes that students make of their legal education, then, complicates how globalization matters.
A third challenge relates to national differences in the role of lawyers in society. In the US, lawyers assume a central role in terms of politics and governance, but this is not the norm worldwide.
While these challenges complicate the question of how best to educate law students to participate in a global economy, they do not limit or undermine the significance of globalization. The influence of globalization reaches to the role of lawyers and legal education as well as to the nature of law itself, and instigates change at national and
local levels on each front. In order to engage with the forces that exert globalization’s influence and become actors on the global stage, students must become globally literate.
At the same time, the national foundation of law requires that lawyers be expert in a national legal regime and language, too. This dichotomy suggests that we interpret globalization through a national lens that considers the role of law, lawyers and legal education in the particular national context.
For the US, the lessons of globalization can be drawn from the structural approaches to globalization of US-based law firms. These firms pursue their international practices by integrating lawyers educated and licensed in the firm’s home country (the US) and in the host jurisdictions in which the firm has offices. As a result, the success of the
firm in its international practice depends upon the ability of its lawyers to develop strong and effective cross-national relationships.
These cross-national relationships inform not just colleagues within a firm, but also relationships with local counsel and counterparts who may take adversarial roles. To be successful working in a global cont
목차
l. Introduction: Situating Legal Education in a Global Context
ll. How does globalization influence lawyers and legal practice?
lll. Global Legal Literacy: Glocalization and National Contexts
lV. Teaching Global Legal Literacy: National Challenges
V. Conclusion
해당간행물 수록 논문
- Legal Education in Korea
- 發刊辭
- 유전자변형생물체(GMO) 피해에 대한 유럽연합의 배상책임제도와 국제배상책임규칙 협상에서의 시사점
- 경희법학 제44권 제3호 목차
- Das System der Umweltprüfungen in Deutschland
- The Crisis of the Bar Exam and Legal Education in Japan
- 경쟁법상 사전청문절차에 관한 고찰
- 개정 독일보험계약법상 고지의무에 대한 고찰
- 형법상 간접정범 규정의 해석론과 입법론
- 중국 불법행위책임법(침권책임법)초안의 성공적인 외국불법행위법 입법경험 계수
- 이어도 주변수역 자원 관리제도의 현황 및 개선방향
- 일본 전기통신사업법상 방송통신분야의 금지행위와 그의 처리절차에 관한 고찰
- THE EVOLUTION OF PHILIPPINE LEGAL EDUCATION AND ITS EFFECT ON THE JUDICIARY
- Scrutinizing Rules for Foreigners in Korea:
- ‘patent troll(소위“특허괴물”)’에 대한 법적 고찰*
- 영화산업의 보호와 진흥을 위한 법적 과제
- 중국 법률 직업도덕에 대한 묘사, 예측과 관점
- 사실혼 관계의 재중탈북여성 및 그 자녀의 법적지위에 관한 중국법제
- THE EVOLUTION OF LEGAL EDUCATION IN SINGAPORE
- 근로계약의 개념에 관한 일고찰
- 우리나라에 있어서 국제적 해상범죄에 대한 관할권 행사원칙
- U.S. LEGAL EDUCATION METHODS AND IDEALS:
- 독일의 환경평가제도
- Changing History:
- Educating Lawyers for the Global Economy:
- Pending Issues and Challenges on Legal Education in Korea after the Introduction of New Law School
- 온라인서비스제공자의 저작권법상 책임한계에 관한 사례연구
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