The Teaching Of Law And Law
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PROBLEM STATEMENT
Advocacy is one of the most important and desired races in the country. Every year, law faculties receive thousands of students who aspire to become jurists. But this interest in the study of this career has not necessarily meant an improvement in the conditions of law professionals, but rather the opposite, currently Colombia is according to the Corporation of Excellence in Justice the second country with more lawyers in the world for each1000 inhabitants, thus existing more than 400.000 Professional Cards issued by the Information System of the National Lawyers and according to the Ministry of Education, in 2015, of the 165 undergraduate programs in law, only 31 (19%) had high quality voluntary accreditation, while theanother 134 (81%) simply had the qualified registration, which is the license granted by the Ministry of Education when they meet the quality requirements required by the law of which none of the accredited programs are in the department of Cesar.
This shows a saturation of the number of law of the country and shows a tendencies that only tends to worsen to the extent that more and more lawyers are graduated since new school schools are opened every year, even giving casesof corporations that promise to graduate professionals in 5 semesters or in 3 years in what was known as the case of express grades thus generating great detriment to the profession in the understanding that of course that rush with which they graduated was in total excessiveof the quality of education that was given to them in these centers.
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Following the above there are more and more quotas in universities to access this career, which results in more and more lawyers, which is in themselves a problem, but if they were suitable or fulfilled the expectations of the Market and society towards them would not exist in this regard, but every day the social credibility in lawyers is diminished following the different corruption scandals both at the national and regional level in which they are involved, such as the Different media impact posters such as, at the regional level, the pension poster and the poster of the degree seminars of some students of the Popular University of Cesar, but does not only remain in the lawyers but it totally affects the administration of justice given that these scandals have touched to the top managers of the administration of justice as it happened with the cartel of La Toga in which allegedly magistrates of L The Supreme Court of Justice was conspired to issue fraudulent sentences, archive certain processes in order to favor those who were willing to pay for their services, being involved in these facts the prosecution ironically by the director of the Anti -Corruption Unit of the time Gustavo Moreno.
This social distrust that generates the profession for which they do not stop listening to expressions such as "studied right to get crooked" or other studs regarding the honorability of those who exercise it, is deepened by the suspicion that exists with respect to the average quality ofLegal education, for the immense number of lawyers who do not meet the indoneity requirements to exercise and end many times being sanctioned by applying an improper defense of the interests of their contracting party or due to the lack of ethics in their actions for whichMore than 10 are processed every year.000 Disciplinary processes against the Togados apart from the criticisms received the lawyers of the other universities and to stay at the forefront of the different changes that over time are being given in national legislation above all in the understanding that in this type of universities ends up preparing memory about the reasoning of teaching and scientific training in undergraduate programs and the fact of many times not to agree with the mission or vision that are proposed or agree with the development objectives that are raised from universities in their approach to the region, the quality of the teachers who teach the subjects who often have only undergraduate degrees and not They have the necessary training in pedagogy and transmission of knowledge which tend to design their classes giving preponderance to memorization rather than critical reasoning and are often based on outdated postulates or purely legalistic positions that close the vision of students to Other ways of thinking and analyzing the right.
All of the above leads us to question the following:
Do the Law programs of the Universities of the Department of Cesar comply with a quality offer, where its law professionals develop critical, research and propositive skills for the region and the country, as well as a training with its own professional profile with high foundationsethics in the exercise of your work?
GENERAL OBJECTIVE
Establish whether the right programs of the universities of the Department of Cesar comply with a quality offer, where their law professionals develop critical, research and propositive skills for the region and the country, as well as a training with their own professional profile with highethical foundations in the exercise of their work
Analyze the quality, relevance, effectiveness of teaching in the different law programs of the Department of Cesar
JUSTIFICATION
As a consequence of the problems mentioned above, it is pertinent to carry out this research to the extent that by carrying out an analysis that allows to determine if the universities of the Department of Cesar comply with a quality offer, where their law professionals develop critical skills,Investigative and propositive to the region and the country, as well as a training with its own professional profile with high ethical foundations in the exercise of their work we can give a part of trust and security to the different interested parties in being part of this profession in the future and aThose who study it in the presents apart from the community in general that depends on the good work of the department’s lawyers.
And that otherwise we can determine what are the necessary actions to improve these circumstances based on a serious analysis that allows usIssue the necessary recommendations to start achieving a change in pursuit of the improvement of the different law programs of the department which graduate more than 200 lawyers per year and that have graduated more than 3000 throughout their history .
THEORETICAL FRAMEWORK
Understanding that the usefulness of the theoretical framework is to expand the description of the research problem by integrating the theory with research and their mutual relationships, to that extent the problem posed here cannot be solved through hurried conjectures or conclusions, but taking into account the analysisOf the theoretical foundations and approaches that the doctrine has made, which is intended to be carried out in this section, taking into account the different theories in which positions are accepted where factors are defined to what factors the emergence of said problem is due. .
In the previous chapter, the questioning about whether they comply with the law programs of the universities of the Cesar department with a quality offer, where its law professionals develop critical, investigative and propositive skills for the region and the country, thus comply with the country, thusas a training with its own professional profile with high ethical foundations in the exercise of their work?
In relation to the research problem, some authors argue that the lack of state intervention is one of the most important gaps between what the lawyer and his duty are;Due to the critical status of the programs offered by the faculties, covered by the constitutional right to university autonomy. This situation translates into the deterioration of quality in the country’s legal education offer, and as a result the overpopulation of non -competent jurists within the legal field is caused by not having sufficient cultural capital to rival the other agents. This is partly due to poor quality in the academic training of lawyers and, coupled with this, to the deterioration of social conflict. It is for this reason that the State must ensure that lawyers prove the professional solvency required to carry out this work that is not only legal, but also social.
Along these same lines, Luisa García states that currently legal education goes through a crisis that warns of the need to make structural changes inside the powers of law. The author bases a propositive alternative to address legal education, such as apprehension by universities of political content;This is different from political ideologies, since it is necessary for the appropriate development of a law faculty and proper training of students. This content is defined by Garcia as the development of common policies within the institutions, which involve all actors in the academic process, teachers, students and institution (administrative);Since, if these common purposes do not exist within the Faculty, teachers will be seen in the obligation to recreate useless static structures for the development of capable agents within the legal field.
On the other hand, they argue that the teaching of law in Colombia and Latin America is in a crisis due to its methodological backwardness against other disciplines and the inability to adapt to a new social status that arises with postmodernism, since it is evident that theTeaching law is basically theoretical, there is great ignorance of active learning in which the student puts into practice what they learned, without doing an analysis of social reality, insufficient research, predominance of the master cathedral, memoristic retention due to the repetition ofCodes and laws, little flexible curricula, absence of renovating pedagogical strategy, inability of the student to communicate and argue his ideas, which does not allow a critical and reflective thinking to develop with the student and future lawyer.
That same author mentions that the notion of forming man has been lost to be a useful being to society, ethical, serious, responsible and fair, that he undertakes in the search for well -being that leads to the consolidation of the Social State of Law.
On the other hand, it points out that the problems that become sectoral public policies that affect university autonomy, the research capacity of new universities and teaching performance and quality; the philosophical legal conceptions from which curricular proposals are oriented; the level of training of applicants; The availability of didactic, bibliographic and technological resources that universities tell In view of the legal notions that guide pedagogical management within the law programs in Colombia, it is evident that a positivist and dogmatic, fetishist conception of the norm, which inspires curricular designs; In addition there is a lack of pedagogical foundation of the teachers-enthogged and specialized and non-general pedagogical-didactic training processes. Deficiencies are presented in the criteria and instruments used to evaluate the academic performance of the students.
In addition to the above, the author points out that there are precarious student admission systems, where an interest in capturing students and guaranteeing minimal income for the university institution offered by the program, the criteria and mechanisms of selecting and hiring the teaching staff are fragile, predominance of fixed term hiring for the academic period, of legal operators under the modality of the chair hour, that is, there is absence of job stability and low wages and there is a lot of ignorance of the role of the investigation in the professional training of the lawyer andof the curricular and didactic techniques that allow to generate an authentic scientific culture and that convert the research into the transverse axis of the curriculum, as well as the overcoming of the technical-legal approaches in the formation of the specialists of the law.
Bibliography
- Bayuelo, Porfirio Andres. «Education and law around a new transformative paradigm.»Justice 27 (Simon Bolivar University), 2015.: pp 167-184.
- Bocanegra, Henry. «The teaching of law and the training of lawyers.»ISSN Republican Magazine: 1909 4450 No. 12, 2012: Page: 323-347.
- The viewer. Colombia, the second country with more lawyers in the world . Bogotá, June 13, 2017.
- Garcia, Luisa. Legal education, an analysis to its institutionality: paradigms and perspective, of education and legal profession. Mexico d.C: Michoacana University, 2013.
- Obando, Diego Alejandro, and Ruth Pilar Torres . Crisis of teaching law in Colombia. Bogota d.C: Nueva Granada Military University, 2015.
- Patiño, José. «In the last 25 years, 480 lawyers have been excluded from the profession.»Legal field, February 17, 2017: 1.
- Money magazine. The gaps in the teaching of law in Colombia. Bogotá, September 21, 2016.
- Romero, Claudia Patricia Romero. «Lawyers training needs high quality.»Legal scope, September 8, 2017: 5.
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