법학전문대학원 체제하의 법제사 교육의 가치와 역할

This article discusses the value and the role of legal history under the law school education, and tries to find the way on how the education of legal history can be more responsive to the needs of the education in law school. The law school system aiming at a more primary and direct practical education optimized for training future lawyers, seems to ask legal historians as faculty members to serve faithfully to its practical aim. Satisfying those needs, the faculty members teaching legal history should also realize the value of their academic field. They must show students persuasively that legal history is worth learning as well as interesting for a lawyer. Legal history has many merits from its academic character by combining both law and history. First of all, legal history can provide a good introduction to the law. Furthermore, treating its objects and materials frequently by referring it to other disciplines, legal history gives valuable opportunities for accessing useful viewpoints and methods for critical understanding of the existing legal system and its legal issues. It is not only possible, but necessary to use its merits more positively in the classroom. Especially for teaching Korean legal history more effectively, some points are suggested here that should be considered when making a new style of textbook for the purpose of introducing the history of Korean law which will be able to allow students to feel the meaning and pleasure of learning legal history. For doing this task, there are some new research subjects which have been neglected but should be reclaimed from the viewpoint of a constitutional history and comparative historical study. Finally, the difficulties in teaching history of Korean modern law is discussed and also on how to overcome and use them.