Good Faith in the System of Legal Education Categories: Historical and Theoretical Aspects

Keywords: legal education, of Law and Justice, jurisprudence, general principles of law, good faith, abuse of law

Abstract

This article reflects on recent debates on legal education, in particular on instilling basic values of Law and Justice, in modern scientific discourse.

It is argued that the value of legal education should not be indexed by how well it serves the needs and expectations of the legal profession and judiciary, but rather how it contributes to a new jurisprudence suited to the all-round transformation of Sustainable Development Society.

As far back as the last century the view was expressed that there is a serious crisis in education. It was strongly emphasized that “We cannot address this crisis if progressive critical thinkers and social critics act as though teaching is not a subject worthy of our regard.

In point of fact the crisis of legal education is not only a instrumental (didactical) or managerial problem. Namely that is ‘the crisis set in motion by the shift from a general jurisprudence, centered on the ideal of justice, to a restricted jurisprudence, focused merely on the coherence of the positive law’.

For that reason, warding off and resolving the crisis through the in-depth study of general principles of law, as a matter of priority, are very important in a modern context.

For a better understanding of the problem, axiological potential of the moral and legal principle of good faith was analyzed. Turns out that was this principle is the most effective preventing or overcoming instrument on main jurisprudence problem - abuse of objective law (not only substantive but also procedural) and natural subjective rights.

It led to the conclusion that fairness, good faith, stop abuses of law should provide the main benchmark for the modern legal education.

References

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How to Cite
SharkovаI. (1). Good Faith in the System of Legal Education Categories: Historical and Theoretical Aspects. Law Review of Kyiv University of Law, (2), 40-42. https://doi.org/10.36695/2219-5521.2.2019.06
Section
State and law theory and history. Philosophy of law