LEGAL EDUCATION, CULTURE, LEGAL AND JUDICIAL REFORM
Author: Gorki Gonzales Mantilla
INTRODUCTION In this essay I will argue about the reasons for the importance of legal education as a cornerstone of diagnosis of the crisis in the judicial system Peru1. In this direction, it is argued that legal education is linked specifically to the idea of \u200b\u200bjudicial reform, as it involves changes that are committed to the field of legal culture, whose bases emerge from the education provided in law schools.
defends the position that states recognize the need for legal education on its political-institutional, and assumes that it can only be compatible with the principles of the Constitutional Court if it is defined as an exercise argumentative, critical and committed to its values, social and political rather than skills or approaches methodological.
1. JUDICIAL REFORM AS PROBLEM FROM THE LEGAL CULTURE
The issue of judicial reform refers to the debate about the culture in which they are conceived beliefs, practices and institutions regarding the role of right.2 and the role of operators
legal3
system reform of the justice system, indeed, may prove to be a process through which it seeks to ensure the protection and development rights system as a basic condition for the existence of a democratic state and constitucional4. Ultimately, the reform involves a kind of criticism of the cultural assumptions that print the dynamics of the institutional environment, ie which seeks to reform. And the main source from which they derive inputs that recognizes cultural scene in the faculties of law its main expression. These are, in effect, the space where they are created and taught the values, skills, visions and roles assigned to the juridical and legal system.
From a critical view, the law as "legal system" implies elements that prefigure the legal in all their complexity: from the beginning at the centers of power gestated by individuals from diverse backgrounds and ideologies that compete in the social and political arena after crystallize their interests and aspirations through legal rules, institutional results of this process, ie, the rules themselves, "and in the impact or the way they reflect the standards-and full-load into the realidad5 policy by judicial decisions.
Notwithstanding the above, in the Peruvian case, the idea of \u200b\u200blaw was conceived in the context of a culture which, with great intensity, not always recognized heir to the phenomenon naively coding of nineteenth century Europe: a tradition whose origins were associated with the exegetical interpretation of legal texts, where operators: judges and lawyers, would be available through the technical work (and apolitical) in the "science" of Derecho6.
The nature of legal education has tended, therefore, to serve as instrumental arm of this formalist, favoring the study of written rules, with little concern and almost always marginal deliberately, on the relationship between law and social life. This is a teaching model that seeks to reproduce a certain "order preconstituted" by the codes and laws and therefore disqualifies external criticism, as the science which is fed with sufficient means "read" methods of interpretation to answer in any case and contingencia7.
Beyond Enlightenment ideals, in Peru, this phenomenon has not been, as it was in Europe, linked to the process of modernization, market expansion and building the rule of law. The legal culture in its origins can not be understood, in the Peruvian case, disconnected the influence virreynal8. Expressionof this is the persistence, throughout the nineteenth century and much of the twentieth century, a legality that supported social exclusion is the case of citizenship, " reflecting the inherent inequality of the colonial institutional assembly, and consistent with the scenario of privilege and lack of substantial democracy, common to most of the history of our republic.
The theory of law established and developed by the jurists, was marked then by a speech-often opportunistic-distant from social reality. This theory of law will influence the development of a formal legal culture, in capital letters, next to exegesis, without reference critical context, which also created an uncritical dogmatic: the conceptual content of a prescriptive and non-dogmatic argument. Such
as we said, is through legal education that can be generated ...
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