The teaching of Philosophy of Law and the Case-Method: Some considerations on its challenges in Latin America

Abstract

The case-method became the main methodology for achieving significant learning outcomes in Law. The pedagogical and didactical advantages of this method for legal disciplines, such as criminal law, civil law, and contracts are well known. Nevertheless, the educational contributions of the case method for jurisprudence, legal theory or the philosophy of law are less examined. In this article, I will maintain that case method can actually make a significant contribution to teach and learn philosophy of law in the Latin-American educational context. I will argue the former by highlighting some preconditions for a meaningful learning and teaching experience on philosophical problems through case-method. Later, I will present three challenges of case-method education applied to the philosophy of law; that is, (a) recruitment of highly qualified teachers; (b) training on this teaching methodology, considering the peculiarities of legal philosophy; (c) considerations for implementing the case-method in large courses.