Skip to main content
Article
Turning the Curriculum Upside Down: Comparative Law as an Educational Tool for Constructing the Pluralistic Legal Mind
German Law Journal (2009)
  • Jaakko Husa
Abstract

Argument in this paper draws inspiration from the pedagogical theory of so‐called constructivism. Following this theory, one may say that in reality no one can teach law. Accordingly, an effective law curriculum is one which can stimulate students to learn legal thinking. So, law students learn law well when they construct their own legal understanding from multiple sources. In this kind of pedagogic vision, it is presupposed that the role of the learner is not primarily to assimilate whatever one legal system presents. The constructivist approach suggests that the learner is more actively involved in a joint enterprise with the law teacher of constructing new legally relevant, and perhaps competing, meanings. Comparative law and/or foreign law and even approximate knowledge of different foreign approaches to similar types of questions may be regarded as a valuable tool for the construction of a primary pluralistic legal mind.

Keywords
  • law teaching,
  • transnational law,
  • comparative law,
  • constructivist learning theory
Publication Date
Summer July 1, 2009
Citation Information
Jaakko Husa. "Turning the Curriculum Upside Down: Comparative Law as an Educational Tool for Constructing the Pluralistic Legal Mind" German Law Journal Vol. 10 Iss. 7/2009 (2009)
Available at: http://works.bepress.com/jaakko_husa/7/