Abstract/Details

The modernization of Chinese legal education: From the perspectives of traditional Chinese culture and American law ideology


2011 2011

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Abstract (summary)

As a country with a history of more than five thousand years, China's traditional culture mainly involved Confucianism (advocating the rule of morality). As the dominant political ideology, Confucianism emphasizes moral learning and personal self-cultivation so as to maintain social stability. In ancient Chinese philosophical thought on education, the unity of knowledge and action was stressed. In the moral context, the problem of doing (or practicing) plays a very prominent role. During Chinese history, affected by feudal and imperial system, legal education was conducted by government, and government officials were part-time law teachers. Non-independence and politicization are the main characteristics of Chinese legal education. Furthermore, affected by civil law tradition, legal education in China emphasizes the completeness of legal rules. The system of legal theories and concepts, practicing skills and legal ethics are neglected.

Independence (or autonomy) and professionalization are the two main characteristics of American legal education. Through exploring American legal education experience, this dissertation agrees that the objectives for legal education in China should be: to deliver broad liberal knowledge and substantive legal knowledge to lead the student to understand how the law and the legal system functions; to provide the student with professional skills and responsibilities training for the development of "thinking and practicing like a lawyer." For pursuing the above objectives for Chinese legal education, legal education in China must emphasize autonomy and professionalization (not politicization).

How to realize the autonomy and professionalization of legal education so as to reach the above objectives is the main problem for current legal education in China. This dissertation is concerned with the problem of the modernization of Chinese legal education. The dissertation tries to explore this problem through deep and systematic study from the perspectives of traditional Chinese culture and the ideology of American legal education.

Indexing (details)


Subject
Ethics;
Law;
Philosophy;
Higher education
Classification
0394: Ethics
0398: Law
0422: Philosophy
0745: Higher education
Identifier / keyword
Philosophy, religion and theology; Education; Social sciences; China; Ethics; Legal education; Practicing skills; Traditional culture
Title
The modernization of Chinese legal education: From the perspectives of traditional Chinese culture and American law ideology
Author
Ma, Qilin
Number of pages
201
Publication year
2011
Degree date
2011
School code
0008
Source
DAI-A 73/02, Dissertation Abstracts International
Place of publication
Ann Arbor
Country of publication
United States
ISBN
9781267017772
Advisor
Dinerstein, Robert D.
University/institution
American University
University location
United States -- District of Columbia
Degree
S.J.D.
Source type
Dissertations & Theses
Language
English
Document type
Dissertation/Thesis
Dissertation/thesis number
3484795
ProQuest document ID
904105836
Copyright
Database copyright ProQuest LLC; ProQuest does not claim copyright in the individual underlying works.
Document URL
http://search.proquest.com/docview/904105836
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