Maciej Perkowski; Wojciech Zoń; Izabela Kraśnicka; Wioleta Hryniewicka-Filipkowska; Małgorzata Skórzewska-Amberg; Ewa M. Kwiatkowska; Katarzyna Staszyńska; Maciej Oksztulski
2025
17
( 1 )
DOI: 10.7206/kp.2080-1084.764
Abstrakt
This article analyses the impact of legal research on the education of future lawyers in Poland, focusing in particular on legal regulations and educational practices. The study aims to explain how the findings of research projects, especially of those funded by the National Science Centre (NSC)10, can be applied in teaching. The authors hypothesise that basic research has a minimal effect on legal education, which may result from the applicable legislation and internal conditions within university. The research involved an analysis of legal documents, a literature review, as well as surveys and interviews with academic staff. It examined the relationship between research and teaching activities in the context of higher education reform. The findings indicate that while most academics perceive their teaching and research as synergistic, there exist barriers in this areas – such as low motivation for research among students. The authors emphasise the need for reforms to better integrate research with teaching, which is crucial for enhancing the quality of legal education.
Anna Juzaszek; Maciej Juzaszek; Jan Bazyli Klakla
2021
13
( 2 )
DOI: 10.7206/kp.2080-1084.449
Abstrakt
In the paper, we deal with the issue of education of lawyers in doctoral schools in
Poland. We describe the basic solutions adopted by the Constitution for Science regarding doctoral students. Based on socio-legal theory of the neutralisation of values in the law, we point out a few basic the categories of problems resulting from the regulations and the implementation of the act. They are: a vision of a doctoral candidate, a vision of a graduate, internationalization, interdisciplinarity, structure of doctoral schools and financing of doctoral education. The article is exploratory in nature, so its primary purpose is recognising and drawing attention to the problems and research questions that should be studied in further research.
Wyświetleń 3349
Pobrań 1163
Agnieszka Czarnecka
2014
6
( 1 )
DOI: 10.7206/kp.2080-1084.51
Abstrakt
The paper explores the relation between law and literature. In the first part, based on „Bleak House” by Charles Dickens, the shortcomings of the perspective „law and literature” are indicated. The author not only criticizes the idea of treating a writer as if he were a legal historian, but she also calls into question a broader vision of literature as a mirror of social and legal reality. In the second part of the paper, still in reference to „Bleak House” (Court of Chancery, lawyers, philanthropy), a different concept of fiction within legal education is developed. Literary artistry (the use of metaphors, personifications, caricatures) and not its similarity to reality, is seen as a valuable instrument in the cultivation the moral imagination and empathy of the lawyers.
Filip Rakoczy
2016
8
( 3 )
DOI: 10.7206/kp.2080-1084.122
Abstrakt
In my paper I would like to analyze the topic o academic legal education, using for that purpose tool granted by Rochard Rorty’s neopragmatism and Artur Kozak’s juriscentrism. In this article I consider the possibility of describing higher education and legal culture using both of those concepts, and to form some proposals for future shaping of this proces. In my text I aim to prove, tha contemporary legal education is basem mostly on the mechanisms of socialisation and professional training, which base rather on transfer of rules of legal reasoning and discussion within legal community, than on transfer of actual skills. Therefore I consider to which extent this process should be suplemented by methods which individualise students, and which allow the autocreation, which is, according to Rorty, should be the mian task of higher education. In the further parts of my paper I consuder, how those mechanisms will impact shaping of future lawyers, and by that, the legal community itself, and what benefits could we achieve this way.
Wyświetleń 3714
Pobrań 1180
Michał Stambulski; Adam Czarnota
2019
11
( 1 )
DOI: 10.7206/kp.2080-1084.272
Abstrakt
The article is based on an assumption that constitutionalism has a Janus face. A constitution is both a legal and a political act. So far, the public domain has been dominated by legal constitutionalism (constitutional dogmatics), which excludes the constitution from the public sphere, subjecting it to the authority of lawyers-experts. The contemporary political phenomena such as: new populism, illiberal democracy or new constitutionalism should shift the interest of researchers to the political aspect of constitutionalism. Constitutionalism is, therefore, a multidimensional social practice. A political game featuring many actors. And the constitutionalism of lawyers is only one of its possible interpretations. Citizens also have their own constitutionalisms, and different perspectives on constitutionalism, reflecting opposing interests, may lead to conflicts. The constitutional law dogmatics applied to resolve such conflicts would argue for the existence of a transcendental framework for their resolution. A more political approach denies the existence of such a framework. In other words, the dogmatics in question requires democracy to adapt to constitutionalism, while the political approach requires constitutionalism to adapt to democracy. The text is an introduction to a part of a volume featuring articles by authors affiliated with the Centre for Legal Education and Social Theory of the University of Wrocław.
Jolanta Jabłońska-Bonca
2020
12
( 2 )
DOI: 10.7206/kp.2080-1084.388
Abstrakt
“You can get lost when standing still too.” These words of Edward Stachura are a metaphor of the main proposition of the paper. It aims to suggest a way to “set the ball rolling” by designing the paths of education for lawyers anew, with civil society in mind, and not just thinking of the requirements of legal training. Lawyers with knowledge in the field of information technology, interdisciplinary lawyers for business, lawyers-guardians of the rule of law and justice all need study programmes to take their predispositions, goals, skills, and abilities – all at different levels – into account. The purpose of the article is to shed light on the extra-legal barriers hindering the taking of a practical step ahead. The author shows three main ways of educating lawyers and explains why they are so important and why they call for changes in study programmes. Next, the author points to the obstacles faced by reformers and suggests exploring their actual impact on education in law and the level thereof.
Wyświetleń 3886
Pobrań 1290
Anna Skibińska
2020
12
( 2 )
DOI: 10.7206/kp.2080-1084.387
Abstrakt
This text is a contribution to the discussion on the state of legal education in Poland. The author refers, in particular, to the article by A. Czarnota, M. Paździora and M. Stambulski regarding a hidden program in legal education, describes the existing situation and proposes changes that should be introduced in legal studies and teaching methods for future lawyers. On selected examples, she shows how one can oppose the domination of dataism in university teaching at law faculties in
Poland and at the same time educate competent lawyers and conscious citizens.
Wyświetleń 3500
Pobrań 1371
Aleksandra Syryt
2020
12
( 2 )
DOI: 10.7206/kp.2080-1084.385
Abstrakt
Changes in the university model related to such phenomena as globalisation or technological development are important from the point of view of lawyer education. The aim of the study was to assess whether Polish legal provisions on the design of the programmes of law studies and the specific normative criteria for the evaluation of the quality of education allow a lawyer education model corresponding to a knowledge-based economy (KBE) to be formulated. The analysis showed that the provisions on the design of study programmes and the evaluation of the quality
of education do not allow a model study programme for the field of law, so that it can fully meet the requirements of the KBE, to be created. It was noted that creating a minimum normative standard in a legal education programme is necessary. Persons involved in the teaching of lawyers and beneficiaries of legal services should be involved in the development of this standard. The conducted research may improve legal solutions in such a way that they contribute to the improvement
of the process of creating study programmes in the field of law. The point is that they should be comparable and comply with GOW requirements. At the same time, they must ensure equal access to the legal professions for all law graduates.
Agnieszka Choduń
2020
12
( 2 )
DOI: 10.7206/kp.2080-1084.380
Abstrakt
Modern education has to play a role that involves teaching everyone core competencies (knowledge, skills, attitude) to enable them to adapt to the changing world. This act of teaching needs to take place at every stage of education – not just academic. One of the most important – and most dynamically changing – spheres of social life is law. The article discusses issues related to non-lawyers acquiring the content of law from different sources, especially from the texts of legislative acts. This also includes a proposal of incorporating teaching about the language of law into the core curriculum of post-primary education institutions as an element of lifelong learning, acting as a component of the European education area.
Wyświetleń 2902
Pobrań 1974
Michał Stambulski; Adam Czarnota
2019
11
( 1 )
DOI: 10.7206/kp.2080-1084.271
Abstrakt
The article is based on an assumption that constitutionalism has a Janus face. A constitution is both a legal and a political act. So far, the public domain has been dominated by legal constitutionalism (constitutional dogmatics), which excludes the constitution from the public sphere, subjecting it to the authority of lawyers-experts. The contemporary political phenomena such as: new populism, illiberal democracy or new constitutionalism should shift the interest of researchers to the political aspect of constitutionalism. Constitutionalism is, therefore, a multidimensional social practice. A political game featuring many actors. And the constitutionalism of lawyers is only one of its possible interpretations. Citizens also have their own constitutionalisms, and different perspectives on constitutionalism, reflecting opposing interests, may lead to conflicts. The constitutional law dogmatics applied to resolve such conflicts would argue for the existence of a transcendental framework for their resolution. A more political approach denies the existence of such a framework. In other words, the dogmatics in question requires democracy to adapt to constitutionalism, while the political approach requires constitutionalism to adapt to democracy. The text is an introduction to a part of a volume featuring articles by authors affiliated with the Centre for Legal Education and Social
Theory of the University of Wrocław.
Wyświetleń 4197
Pobrań 1438
Tomasz Braun
2018
10
( 3 )
DOI: 10.7206/kp.2080-1084.236
Abstrakt
A discussion on the law studies and the legal apprenticeship system in Poland has been offered in the article from the point of view of a question about the objectives of educating lawyers and about whether the current system of legal education is appropriate. By pointing to the system-determined role of lawyers pursuing their profession within institutionalised structures of the system of justice, the article concentrates, among others, on issues concerning the selection of the subjects to be taught. But especially on the dilemma whether legal education should produce skilled law technicians or elites co-shaping the ethical, intellectual, cultural, and economic profile of society. The views contained in the article are presented starting from an assessment of the significance of market knowledge through a determination of the utility of curricula for further professional development of lawyers both as actual lawyers and pursuing other professions and ending with a comparison of teaching broken down into traditional branches of law and newly-forming fields thereof. The article addresses also the claims for opening law to interdisciplinarity and the role of lawyer as a profession of trust in the context of a constant need to reinforce the trust in law itself.
Artur Kokoszkiewicz
2018
10
( 2 )
DOI: 10.7206/kp.2080-1084.195
Abstrakt
The article attempts to present the legislative changes relating to the so called Act 2.0, i.e, the law on higher education together with its implementary regulation on studies as well as the proposed university apprenticeship, which has not as of yet been made into law of any kind. These changes may have a considerable impact on legal education in Poland, and, hence, on the public administration sector in the context of its needs. For it seems justified to assume that the two research areas, i.e. the public administration sector and legal education are both interrelated and that they exert reciprocal influence upon each other. For public administration, in order to function properly, requires a supply of lawyers whereas the latter, in turn, considerably affects its practices – for instance, by way of academic activities and jurisprudential construction or judicial review. The text focuses, above all, on outlining the postulate of the so called good administration. Subsequently, selected issues are presented in the areas of legal education that are related to such administration and can serve to either implement the postulate or to weaken it. Presented are also the assumptions of the draft of the, so called, academic apprenticeship as well as the draft law together with its implementary regulation. Moreover, attention is paid to the phenomenon of mythologisation of practical education presenting a desired direction of legislative action in that respect
Adam Czarnota; Michał Paździora; Michał Stambulski
2018
10
( 2 )
DOI: 10.7206/kp.2080-1084.193
Abstrakt
The article raises an important problem of legal education in Poland. After covering the changes in legal education in the world, the paper moves on to focus on the role of academic and practical legal education. The authors point to the specific role of the hidden dimension of legal education, which tends to be unseen, but plays a key part in educating lawyers in Poland. The final part of the article discusses the possible changes to be made in the system of legal education.
Wyświetleń 4019
Pobrań 1317