Hiroshima Law Review Issue 17
2021-03-20 発行

自由法論者フックスの法学教育論

Legal Education Theory of Ernst Fuchs
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abstract
This article aims to reconstruct and analyse the legal education theory of Ernst Fuchs who was one of the leading proponents of German Free Law Movement in the early 20th century. His legal education reform focused on enhancing the practical abilities for lawyers, especially fact-finding skills in each speaific case. For this purpose, he recommended establishing law clinics in Faculty of Law, just as medical schools had own hospitals for research and education. Attracted by modern science at the time, he emphasized the need for observation as an essential method of law and even tried to convert study of law into psychology and sociology. Although he defined his idea as sociological science of law, he didn't use the word in the strict sense of scientific sociology. In conclusion, his legal education reform was based on old philological arguments rather than sociological ones.
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本稿は,JSPS科研費(19K13483)の助成による研究成果の一部である。
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