EDUCATION THE LAW IN PERU
By Walter Galloso Mariños (*)
Luis Pásara takes a critical and detailed study of the reality of law school in Peru and its shortcomings, emphasizing how this impacts operators in law, whether judges or lawyers. This research was conducted at 31 law schools and private universities throughout Peru, and I think that to understand one of the causes of the literal interpretation that usually applied by judges.
However, on MAIN PROBLEMS OF LEGAL EDUCATION, the author takes note that is widespread among teachers and students the concept of law as just a set of rules written, and therefore, their study devoted to the commentary focuses on the rules and direct application. This limited view of the law relating other problems in the teaching of law, which are as follows:
DOES NOT CARE IN THE USE OF interpretive criteria .- When teaching law as if the text of the law closes a choice between different kinds of interpretation. In some cases, the explanation of the legal text is accompanied by comments that support the standard doctrine but not intended to encourage analysis. Jurisprudence is not used in class to critically analyze the interpretation that the judge makes the legal rules and appreciate other alternative solutions to a problem.
LACK VISION system of law .- No subjects taught are linked to related courses, which prevents to a certain problem I can not give a comprehensive analysis that combines different specialties: civil, criminal, labor, etc.
NOT TEACH THE LEGAL ARGUMENT .- \u200b\u200bPriority is given to theoretical training that teaches students to think. The practice of argumentation would be in the student a better reasoning to analyze and maintain various types of interpretation of legal norms.
LEGAL EDUCATION OF THE REALITY IS CUT OFF .- The result is that it interprets the rule of law without binding it to the facts to which it refers, and that is what the student will face when his career ends.
EVALUATIONS Memorandum and Privileging LITERAL INTERPRETATION .- This element is important because although the teacher encourages the analysis in their classes, it often happens that the reviews be favored literal understanding of a rule of law rather than its interpretation. This situation encourages the students to prepare examinations in accordance with this criterion of literal interpretation, and then apply it in practice.
NEGLIGENCE OF TEACHER ATTITUDE .- Many teachers know that they could provide an education that includes a broader view of law, but this requires a greater dedication to prepare lessons or apply a dynamic teaching methods and participatory. Other problems
that can be considered secondary in relation to legal education and promoting a literal interpretation, are as follows:
POOR IMPLEMENTATION OF LIBRARIES .- In the study by Luis Pásara only two private law schools and public owned Lima well-stocked library of books and other materials.
STUDENT NEEDS BEFORE ENTERING THE UNIVERSITY .- One difficulty appreciated by many teachers is that students entering college have no reading habit, and that is a problem that comes from school education.
LACK OF MANAGEMENT CONTROL ON THE LEVEL OF EDUCATION OF TEACHERS .- Few law schools where the same institution maintains control over the quality of teaching that teachers transmit or encourages the application of certain methodologies that promote student learning. _______________________
(*) Graduated from the Faculty of Law and Political Science from the Universidad Nacional Mayor de San Marcos - Lima - Peru, Intern of the Master of Civil Law and Commercial and following studies PEE - Corporate Law ESAN - PERU.
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