Li / Raab Dialogue through Education Learning between Europe and China

The first EU-China Essay Competition
1. Auflage 2023
ISBN: 978-3-384-09990-7
Verlag: tredition
Format: EPUB
Kopierschutz: 6 - ePub Watermark

E-Book, Englisch, 140 Seiten

This volume explores the potentials and perspectives upon educational diplomacy, promoting a better mutual understanding on the European and the Chinese traditions and their visions for the future. Together an essay competition was held from January to September 2023, which concluded with a symposium on the 23 rd of September. During this project young students and young professionals from Europe and China were invited to submit their essays on the following topics: •How will exchange programs develop in the future? •How can curiosity and enthusiasm for the other culture be awaken and strengthened? •What potential does educational diplomacy have? •What is the new approach to international and global education? The submissions of this unique academic project are collected in this publication, encompassing a wide range of authors from different interdisciplinary and intercultural backgrounds , coming from E urope and China This project was run in collaboration between the Institute for Greater Europe and the European Guanxi. Both are youth led think tanks run by young academics and young professionals from all over Europe and beyond. Meanwhile, the Institute for Greater Europe puts a focus on the role of the European Idea on the European continent and beyond, European Guanxi searches to foster a mutual understanding between Europe and China.

LI Jie is an associate professor at Northwestern Polytecnical University, located in Xi´an (PRC). She holds a PhD in applied linguistics from the University of Leipzig. Currently, she has taught Chinese languages at the University of Heidelberg. Her research interests are in the field of cognitive linguistics, translation studies, and also science fiction as a comparison of the curiosities of Chinese and European (German) culture. For more on her research please visit: https://jielilinguistik.wordpress.com/

Autoren/Hrsg.

Li, Jie

Raab, Stephan

Leseproben

Perspectives from Researchers Traversing Academic Frontiers: A Comparative Exploration of Legal Education in Germany and China LOU Li (??),1 Abstract Legal education serves as the bedrock upon which societies build their systems ofjustice and governance. This paper embarks on a concise comparative journey, briefly scrutinizing the legal education systems of Germany and China. Through a personalized lens, it explores the intricacies of these two distinct systems, shedding light mainly on pedagogical methods, institutional structures, and socio-cultural contexts. The author’s expedition through doctoral studies and the ensuing research, a cross-continental voyage, offers a unique vantage point for this comparative analysis. By delving into the legal education landscapes of Germany and China, this paper not only adds to our understanding of these systems but also contributes to the broader discourse on international legal education. Keywords: Legal education, Germany, China, comparative analysis, doctoral odyssey Introduction As a cornerstone of any society's pursuit of justice and the rule of law, legal education is the crucible where future lawyers and jurists are forged, and the nuances of these systems have profound implications for the practice of law and the development of legal scholarship. As the world becomes increasingly interconnected, understanding the diversity in higher educational systems becomes imperative, especially when it comes to diverse approaches and methodologies adopted by different nations in the pursuit of legal knowledge. The author’s doctoral and further academic odyssey, which transcended borders and continents, uniquely positioned her to explore the profound distinctions that exist between legal educations in China and Germany. The paper aims to navigate the contours of legal education in these two nations, dissecting their pedagogical approaches, examining their institutional frameworks, and considering the impact of their unique socio-cultural contexts. Furthermore, it provides a succinct exploration of the variations in legal education within other Germanic language-speaking jurisdictions, as well as two historically intimately related nations to Germany, illuminating their unique subtleties, informed by the author's extensive personal experiences gained through multiple exchange programs and collaborative research endeavors, both preceding and subsequent to her doctoral odyssey. 1. Legal Education in Germany: Tradition and Rigor In the labyrinthine corridors of legal academia, where the quest for knowledge meets the demand for intellectual rigor, Germany emerges as an enduring bastion of legal education. This scholarly pursuit is steeped in a rich tapestry of tradition and rigor, woven together through centuries of jurisprudential evolution.2 As the author embarks on a journey to explore the intricacies of legal education in Germany, she finds herself at the crossroads of historical legacy and contemporary pedagogical excellence. It is an exploration of a system that has evolved, adapted, and persisted, providing valuable lessons and insights for legal education systems worldwide. 1.1. Historical Context Germany's enduring legacy in the fields of philosophy, science, and the humanities is a testament to its commitment to intellectual pursuits.3 Yet, one facet of this intellectual heritage that is often overlooked, yet equally profound, is the realm of legal education. The German legal education system, characterized by its profound tradition and intellectual rigor, has roots that extend deep into the annals of history.4 These foundations can be meticulously traced back to the medieval universities of Bologna, Padua, and Paris, whose influence provided the catalytic force for the emergence of legal faculties across German-speaking territories during the transformative 15th and 16th centuries.5 The Italian Universities, such as University of Bologna, renowned as the cradle of the modern university system, played a pivotal role in shaping the trajectory of legal education in Germany.6 Established in the 12th century, this venerable institution became a magnet for scholars across Europe, particularly those interested in the study of Roman law. It was in Bologna that the revival of Roman law commenced, ushering in an era of legal scholarship that would reverberate across the continent.7 The rediscovery and reinvigoration of Roman law, with its systematic and principled approach to jurisprudence, laid the intellectual groundwork for the German legal tradition.8 This emphasis on a comprehensive legal system, governed by abstract principles and systematic interpretation, became the cornerstone upon which German legal education was built.9 Other eminent Italian universities, contributed significantly to the multifaceted development of legal education in Germany. Padua's unique blend of canon law and Roman law studies fostered an approach that would later characterize German legal pedagogy10, as a case in point. The fusion of theological and legal thought created a fertile ground for the integration of jurisprudence with broader philosophical and theological debates. This synergy between different fields of knowledge would go on to shape the holistic and intellectually rigorous approach that German legal education embodies.11 The French school, with its profound influence on medieval thought, also played an indispensable role in the development of German legal education. Paris was a crucible of scholasticism, where critical inquiry and rigorous debate were prized.12 This intellectual milieu, marked by the dialectical method of inquiry, left an indelible impression on the German legal tradition.13 The dialectical approach, characterized by rigorous questioning and the exploration of diverse perspectives, would later become emblematic of German legal scholarship. The 15th and 16th centuries marked a transformative period for legal education in Germanspeaking territories. Influenced by the intellectual ferment of these medieval universities, German institutions began to formalize their legal faculties.14 Renowned institutions such as the University of Heidelberg, Leipzig University, and the University of Göttingen emerged as citadels of legal scholarship, drawing students and scholars from across Europe.15 It was within these hallowed halls that the German legal tradition took root and thrived. German legal education, through these centuries, evolved into a thriving center of jurisprudential scholarship.16 Pioneering scholars like Friedrich Carl von Savigny and Rudolf von Jhering refined this tradition. Savigny's monumental work, "Vom Beruf unserer Zeit für Gesetzgebung und Rechtswissenschaft"(Of the Vocation of Our Age for Legislation and Jurisprudence), underscored the paramount importance of historical context in legal interpretation. This emphasis on historical consciousness and the organic development of law became foundational to the German legal tradition. Similarly, Rudolf von Jhering, another luminary of German jurisprudence, made significant contributions that enriched the German legal tradition. Jhering's jurisprudential insights, elucidated in "Der Zweck im Recht" (The Purpose in Law), advocated the idea of juristic struggle and emphasized the dynamic, evolving nature of law. His perspectives resonated deeply with the dialectical pedagogical approach of German legal education, fostering an environment where the evolution of legal principles through intellectual discourse was celebrated. The historical context of legal education in Germany is a captivating narrative that intertwines the intellectual ferment of medieval European universities, the resurgence of Roman law, the influence of canon law, and the dialectical rigor of scholasticism.17 These multifaceted influences converged to give birth to a distinctive legal tradition that emphasizes rigorous academic training, historical consciousness, and the primacy of theoretical jurisprudence.18 This historical foundation, meticulously established through centuries of intellectual exploration, continues to serve as the bedrock upon which German legal education rests, and it is this tradition that has made an enduring impact on the global legal landscape. 1.2. Pedagogical Approaches German legal education is renowned for its pedagogical approaches that place a significant emphasis on cultivating a profound understanding of legal theory and doctrine.19 Its pedagogical approach has deep historical roots and continues to define the essence of legal education in Germany.20 The Socratic method in German legal education is a time-tested approach that encourages students to think critically, question legal principles, and engage in lively debates with their professors and peers. This method, which has its origins in the ancient philosophy of Socrates, has evolved to become an integral part of the pedagogical framework in German law schools.21 Professors, often holding distinguished positions in the legal field, skillfully guide students through complex legal concepts by posing challenging questions and encouraging thoughtful discussions.22 This approach not only facilitates a deep understanding of legal theory but also hones critical thinking skills, a crucial asset for future legal practitioners. In addition to the Socratic method, German legal education recognizes the value of practical experience. Moot courts and legal clinics have gained increasing prominence in the curriculum.23 These components provide students with opportunities to apply their theoretical knowledge to real-world legal scenarios, honing...