The Socratic Method and Legal Education

Abstract

The introduction of the law school system necessitates many changes in Korean legal education. Law professors are grappling with the efficient and proper pedagogy for professional legal education. The Socratic Method is a pedagogy alternative to the existing passive lecture-format used in Korea. In spite of its long tradition in the United States, we began discussing the use of the method in earnest at about the same time as the introduction of the law school system. In the U.S, there are some criticisms leveled against the method from the proponents of professional skills training. Such criticisms are based on the need to have more practical education and the perceived side effect that the method creates a competitive mood in the class room. Law itself is characterized as a method to address disputes. Thus, the ultimate aim of legal education must be cultivating a legal mind. Discussion on the Socratic Method should be focused on this point. A dialogue is a key tool of the Socratic method. It helps students understand legal definitions and rules thoroughly. They develop the way to argue, persuade and prove points with reasoning. Law professors must prepare for a lecture carefully to make a dialogue genuine corresponding to original purposes. It is better to distribute some questions to students in advance so that they can prepare for a class. Law professors should find some positive points in students' answers, encourage their motivation for studying and prevent derailment of discussions to too remote places. What kind of dialogue is the real Socratic Method should be discussed incessantly and open to the changes of reality. Clinical and lawyering classes are advisable to reinforce the practical education. Without the changes in education substantially corresponding to the law school systems purposes, the inception of the law school system will be evaluated some day as a big waste of time and resources.