우리나라 법학방법론의 전개The Development of Legal Methods in Korea
- Authors
- 오세혁
- Issue Date
- 2008
- Publisher
- 한국법철학회
- Keywords
- 법학방법론(legal method); 법철학(philosophy of law); 해석과 적용(interpretation and application); 법적 추론(legal reasoning); 법학전문대학원(law school)
- Citation
- 법철학연구, v.11, no.2, pp 227 - 258
- Pages
- 32
- Journal Title
- 법철학연구
- Volume
- 11
- Number
- 2
- Start Page
- 227
- End Page
- 258
- URI
- https://scholarworks.bwise.kr/cau/handle/2019.sw.cau/31536
- ISSN
- 1226-8445
- Abstract
- Legal Methods provide legal practitioners, legal scholars and law students
with a integrated tools for interpretation and application of law. Nowadays
legal methods deal not only with the traditional foundations of legal
reasoning but also with logico-philosophical theories of law, including legal
hermeneutics, legal semantics, topical jurisprudence. Modern legal methods,
besides, include legal economics, CLS, feminist and post-modernistic legal
theories etc. Nevertheless, the legal method remained just one of main
spheres of legal philosophy till now. But it is about to set up as a new
branch of general jurisprudence.
Modern legal methods as well as traditional legal methods were unnoticed
by legal scholars and legal practitioners for a long time in Korea. Only a
few legal scholars had interests in legal methods, but regarded it as a trivial
matter of jurisprudence. After so long a time some academic scholars
devoted their attention to traditional legal method around methods of
commentary on precedents in 1990s. In addition, the legal method has made
rapid progress by discussing modern legal methods. It was the Renaissance
of legal methods in Korea. Henceforth, the legal method has established its
significance in legal philosophy during 2000s.
At some risk of over-simplification, the brief history of legal methods in
Korea is as follows: from a wasteland of legal methods to a main field of
legal philosophy through reclaimed period, take-off period, specialization
period, and period of Renaissance. Legal scholars majored in dogmatics of
main field of law want understanding of legal methods. Needless to say, legal practitioner are the same. All possible efforts to make legal methods
available for legal scholars and legal practitioners should be exerted in the
Era of Law School that places great emphasis on practice-oriented
jurisprudence.
- Files in This Item
- There are no files associated with this item.
- Appears in
Collections - Law School > Law > 1. Journal Articles
![qrcode](https://api.qrserver.com/v1/create-qr-code/?size=55x55&data=https://scholarworks.bwise.kr/cau/handle/2019.sw.cau/31536)
Items in ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.