Introduction to Anglo- American Law Introduction to Anglo- American Law (2007/09/17) Dr Meng-Chang Yao 姚孟昌博士 School of Law, Catholic Fu Jen University

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I: New Challenges and New Lawyers

Text of Introduction to Anglo- American Law Introduction to Anglo- American Law (2007/09/17) Dr Meng-Chang...

  • 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;

  • Challenge II:

    Mulitpalization and Highly Professionalism

  • Challenge III:

    Inter-disciplinarisation

  • How to respond such serious Challenges stated above?-

    Perspective From Taiwanese Lawyers

  • Challenge IV:

    Legal Education

  • 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)

  • 5. 20035

  • --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.

  • Professor Moore

    1

    2

  • Jurist or Lawyer Honorable Statesman

    the test of leadership, dependability and statesmanship?

  • The End