S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) 법학 법학 Volume 50, Number 1/4 (2009)
법학교육에서의 문제중심학습을 위한 "판례" 활용 전략 탐색
How to Integrate Cases with Problem Based Learning in Legal Education
- 하재홍; 장경원
- Issue Date
- 서울대학교 법학연구소
- 법학, Vol.50 No.1, pp. 153-190
- 법학교육; 문제중심학습법; 문제중심학습 운영전략; 문제개발전략; Legal education; problem based Learning; problem design process; PBL strategy
- Problem-Based Learning has been considered as an effective educational method
in legal education. However, understanding and experiences of law professors
regarding PBL are not sufficient to convert their traditional teaching methods such
as lecture and case method into PBL. It is required to lead the law professors to
implement PBL into their classrooms by explaining why and in what aspect PBL is
superior to case method. None of educational benefits of the traditional case method
are sacrificed in PBL. To solve an ill-structured problem and present their solutions,
students must read, understand, and discuss the essential cases and resources.
Students learn by themselves in PBL since problems lead them to discuss the cases.
In a class with the case method, students experience these learning process
prompted by instructors questioning.
Cases could be good problems in legal PBL. However, in converting a case to a
problem, we consider the followings; First, a problem in PBL should be complex
and difficult to solve. The problem can be designed based on the case along with
relevant articles or papers. Second, cases are easy to be accepted as a precedent
judgement. And, We suggest the following steps to design PBL problem using case
; 1) selecting topic, 2) collecting data : statute, literatures, and cases, 3) searching
grounds 4) selecting a case (or cases), 5) analyzing a case into grounds and facts,
6) reconstructing facts, and 7) writing scenario.
Problems are the starting point of learning toward learners thoughts, questions,
suggestions, and reflection, which is a critical difference of PBL from the case
method. In conclusion, more research need to be conducted regarding PBL as a...