Page 238 - Igor Ž. Žagar in Ana Mlekuž, ur. ▪︎ Raziskovanje v vzgoji in izobraževanju. Ljubljana: Pedagoški inštitut, 2019. Digitalna knjižnica, Dissertationes 37
P. 238
r aziskovanje v vzgoji in izobr aževanju
zitivnih učinkov ta tekmovanja smiselno še v večji meri vključiti v študij-
ske programe fakultet.
Ključne besede: Moot Court, tekmovanje, pravo, študent, učni program
Student moot court competitions in service of the modern
educational process
The study of law is often unjustifiably characterized as a study of memo-
rization and ex cathedra lectures, due to deeply rooted ideas and develop-
mentally contingent limitations. However, the breakthrough of the Socratic
method in the education process is increasingly evident. In this contribu-
tion, we deal with student moot court competitions, which enable students
to compete in simulated court proceedings. The emphasis is on competi-
tions in the field of human rights law. A comparison in approaches to legal
education displays a necessity for ex cathedra lectures, however, during the
studies, methods encouraging dialectics immanent to law, need to be grad-
ually adopted. The Socratic method is more intensely used at faculties be-
longing to the common law legal tradition, while even at some continental
faculties moot court competitions form a compulsory part of the curricu-
lum. Legal studies may pursue a variety of goals, however, it can be gener-
alized, that they wish to form a lawyer, adorned by analytically-synthetic
reasoning, which, based on the knowledge of the legal dogmatic and valid
law, assists in solving practical legal problems. The traditional educational
approaches only partially achieve this, while moot courts especially com-
plement their shortcomings. They lead students to a more in-depth doctri-
nal knowledge, which they have to apply on a practical case and then clearly
and argumentatively express their standpoints. The method is also very ef-
fective from the viewpoint of memorization. The adoption of competitions
within a formalized study process brings positive and negative effects, both
for students, as well as their mentors and faculties. Regardless of that, a cer-
tain degree of formalization by the faculty is imperative to guarantee the
long-term effects and success of the method. Approaches to the adoption of
the method into the curriculum are varied. Here, we propose the inclusion
of moot courts into law faculties’ curriculums to a greater extent, since they
entail a multitude of positive effects.
Keywords: Moot Court, competitions, law, student, study programme
238
zitivnih učinkov ta tekmovanja smiselno še v večji meri vključiti v študij-
ske programe fakultet.
Ključne besede: Moot Court, tekmovanje, pravo, študent, učni program
Student moot court competitions in service of the modern
educational process
The study of law is often unjustifiably characterized as a study of memo-
rization and ex cathedra lectures, due to deeply rooted ideas and develop-
mentally contingent limitations. However, the breakthrough of the Socratic
method in the education process is increasingly evident. In this contribu-
tion, we deal with student moot court competitions, which enable students
to compete in simulated court proceedings. The emphasis is on competi-
tions in the field of human rights law. A comparison in approaches to legal
education displays a necessity for ex cathedra lectures, however, during the
studies, methods encouraging dialectics immanent to law, need to be grad-
ually adopted. The Socratic method is more intensely used at faculties be-
longing to the common law legal tradition, while even at some continental
faculties moot court competitions form a compulsory part of the curricu-
lum. Legal studies may pursue a variety of goals, however, it can be gener-
alized, that they wish to form a lawyer, adorned by analytically-synthetic
reasoning, which, based on the knowledge of the legal dogmatic and valid
law, assists in solving practical legal problems. The traditional educational
approaches only partially achieve this, while moot courts especially com-
plement their shortcomings. They lead students to a more in-depth doctri-
nal knowledge, which they have to apply on a practical case and then clearly
and argumentatively express their standpoints. The method is also very ef-
fective from the viewpoint of memorization. The adoption of competitions
within a formalized study process brings positive and negative effects, both
for students, as well as their mentors and faculties. Regardless of that, a cer-
tain degree of formalization by the faculty is imperative to guarantee the
long-term effects and success of the method. Approaches to the adoption of
the method into the curriculum are varied. Here, we propose the inclusion
of moot courts into law faculties’ curriculums to a greater extent, since they
entail a multitude of positive effects.
Keywords: Moot Court, competitions, law, student, study programme
238
