| Legal educations in England and American,rooted in the tradition that emphasizes professional practices,are adaptive to their legal culture and have evolved a model that is distinct from that of continental legal system countries.Although there are the differences between the two countries,legal educations in England and America both developed from the solely professional model to the composite model that contains both professional and scholarly factors.Anglo-American legal educations are plant in profound legal thoughts and Empiricism and positivismare the two representatives of the legal thoughts.American legal education reform are initiated and compelled by Professor Langdell's thought of legal science and Judge Holmes's legal realism.It is also admitted that although two legal educations both have the professional and scholarly characteristics, legal educations in England and America are substantially different models, which reflect the unique cultures,both based on the common law traditions,between the two countries.China didn't have formal legal education at higher education level until the modernization at the beginning of twentieth century.In modern China,some legal educations are provided by universities,public,private and missionary,and some also by special schools of politics and law;some legal educations imitated the Anglo-American legal education model,and some imitated the continental model,and some imitated the Japanese model;the courses contains Anglo-American law and continental law,and afterward Chinese law.Missionary educations provide a different forms and contents,and these distinctions provide a set of choices for legal education in modern China and good examples for later legal education.When the people's Republic is established,the modernization of legal education in China is totally interrupted as the legal system of Republican China is entirely nullified.Since China carried out the reform and opening-up policy,its legal educations recovered and developed;especially after the enrollment expansion of higher education at the end of last century,China's legal education developed much faster.However,China's legal education makes the serious disjoint between the goal of legal education and the demand of legal profession."What kind of lawyers to cultivate" and "how to cultivate" are the most urgent problems to solve.Based on the experiences of Anglo-American legal education,we think that China should integrate the characteristics of professional education and scholarly education to a new model.English legal education,combining the scholarly education and professional training together,and American legal education are all excellent models to follow.In the process of China's legal practices,we can search for a legal education model suitable to our own conditions.The Introduction mainly introduces the legal culture and legal education and their relationship.The first chapter mainly describes the development and reform of the legal education in England,summarizes legal education transition to integration of professional and scholarly educations,and also analyzes the theory base of legal education in England.The second chapter mainly analyze the early development of legal education in American and legal education reform in Harvard, illuminates that the goal of American legal education points to both the vocational pursuit and scholarly pursuit,and finds the theory bases of American legal education?The third chapter mainly compares and contrasts the paths of legal educations in England and America, summarizes that the goal and trend of Anglo-American legal educations are to integrate the practicability and scholarly characteristics together. This paper also compares and contrasts the legal educations in law schools in the two countries.The fourth chapter mainly illuminates modern China's legal reform in the context of multi-cultures.Continental legal system,Japanese,and Anglo-American legal system all provided archetype and prototype for China's modernization of legal education.The fifth chapter mainly illustrates the legal education and its reform in contemporary China,describes the progress of legal education in People's Republic,points out the problems of legal education in contemporary China... |
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