Introduction to Anglo-American Law(2007/09/17) Dr Meng-Chang YaoSchool of Law, Catholic Fu Jen University
Lesson One: New Era, New Challenges and New Lawyers
I: New Challenges and New Lawyers
The Law, like the traveler, must be ready for the tomorrow. It must have a principle of growth. Grand Justice Cardozo
Benjamin Nathan Cardozo (May 24, 1870July 9, 1938)
Therefore, if you want to overcome any challenges in the new century, you must know what challenges are first.
What Challenges We are Facing !
Challenge I- Globalization;
Mulitpalization and Highly Professionalism
How to respond such serious Challenges stated above?-
Perspective From Taiwanese Lawyers
II: New Lawyers and New Skills
What Goals a Lawyer Aims for! To Know Law;To Practice Law;To Fulfill Law
Justice Oliver W. Holmes, Jr. (1841 1935)
What a Lawyer should learn form
the University? Ability to reason; Ability to think; Ability top evaluate and appraise material; Ability to Argument and Present;
Now, Please let us rethink-What capacities we need to reinforce and what basic skill we need to develop more?
III: Why we can develop the basic Skills from the studies of Anglo-American Legal Subjects?
What are the Difference between Civil Law System and Common Law system? What is the different legal thinking or legal reasoning between Civil Law System and Common Law system?
1. Language2. Comparative Legal Thinking3. To Think like a English Lawyer4. Multiple Capacities of Arguments and Legal Thinking5. Prepare for International law and Interdisciplinary Legal Courses 6. Study Abroad
IV: How to set the Teaching Goals and Recognize the limitations in Anglo-American Legal Courses
1. Know the Limitations First! Marginal Courses?
Difficulty of Comprehension Psychological Problems
Thinking Method vs Knowledge
2 . How to set your Goals?Know my Students First, Encourage them to Overcome language difficulty Second.
V: How to teach & how to Learn?
Is Socratic Method Necessary?
VI: Is it Possible to Study Anglo-American Law in the Non-English Specking World ?
VII: The Teaching of Anglo-American Law in Fu Jen Catholic University
Teaching Subjects:Part I: Basic IssuesPart II: Case Studies
Why Case Study is so Critical?
Challenges and Solutions
VIII: How to get a Sketch of Anglo-American Law in one week?
That Could Be a Big Challenge!
What are we going to do in the next five days?1. Introduction 2. Know-how before Know-what 3. History and Institutions of Anglo American Law4. Legal Methodology5. The Judicial System and the Adversary System
6. Constitutional Law and Judicial Review7. Civil Rights and Liberties8. Contract Law9. Torts Law10. Criminal Law11. Procedural Law12. Legal Education
IX: References1. William Burnham , 2005Burnham's Introduction to the Law and Legal System of the United States, 3d (American Casebook Series and Other Coursebooks) (Paperback)
2. 2004 3. 1998 4. Friedman, L.M. American Law: An Introduction, 2nd edition (March 1998)
--A Lawyer/Statesman Why?
Statesmanship : the ability, qualifications, or practice of a statesman; wisdom, character and skill in the management of public affairs.
Wellington Koo1888-1985) 19121919
(1905-1912) John Bassett Moore.
John Bassett Moore (1860 1947) was an American authority on international law who was a member of the Hague Tribunal (1912-1938) and the first US judge to serve on the Permanent Court of International Justice from 1921 to 1928.From 1885 to 1886 he was a law clerk at the Department of State, then an Assistant Secretary of State. In 1891 he took the first full professorship of international law at Columbia University; he stayed there until 1924.
Jurist or Lawyer Honorable Statesman
the test of leadership, dependability and statesmanship?