Law and Reality in Legal Education in Underdeveloped Society

Authors

  • Alberto Wray Universidad Católica del Ecuador
    Profesor de la Facultad de Jurisprudencia de la Universidad Católica del Ecuador.

DOI:

https://doi.org/10.18800/derechopucp.197401.021

Keywords:

Legal Education, Lawyer Training, Realistic and Critical Understanding of Law, Political and Social Implications of Law, Operationalization of Law, Social Purpose

Abstract

In this article, the author presents an analysis of the conception of law and legal education from a critical perspective, questioning the supposed political neutrality in legal education. In this context, he highlights that the training of lawyers cannot be separated from political evaluation, as education implicitly transmits behavioral guidelines with an evaluative background. Furthermore, he criticizes the idea of teaching law as a politically neutral process, asserting that this stance is intentionally conservative and that legal education is, in fact, a means of social control. Following this line of argument, the author contends that traditional legal education, focused on exegesis and formalism, limits lawyers' ability to understand and evaluate the social and political implications of law. In contrast, he suggests reconsidering legal education so that lawyers acquire a realistic and critical understanding of law, recognizing its operational, purposive, flexible, and transitory nature. This would allow for an interpretation more aligned with social goals and the necessary changes in society. In this regard, he emphasizes the importance of considering the political and social implications of law, as well as the need to train jurists capable of interpreting law creatively, valuing means in relation to the ends or goals established in the norms.

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Published

1974-12-25

How to Cite

Wray, A. (1974). Law and Reality in Legal Education in Underdeveloped Society. Derecho PUCP, (32), 301–307. https://doi.org/10.18800/derechopucp.197401.021

Issue

Section

Estudios