University of Macau / Faculty of Law

University of Macau / Faculty of Law

University of Macau / Faculty of Law

University of Macau / Faculty of Law

University of Macau / Faculty of Law

University of Macau / Faculty of Law

University of Macau / Faculty of Law

University of Macau / Faculty of Law

O Direito atual é estudado como fruto exclusivo da vontade humana. Nesse sentido, a lei é pensada como produto da razão, apartada de conceitos como Moral ou Justiça. Este modelo corresponde a determinado arranjo político-social e normalmente vem associado a um conceito de Estado regulador de conflitos. Esta organização jurídico-política nem sempre existiu. O Brasil Império possuiu outra forma de conceber Direito e Sociedade, na qual o Direito Natural possuía lugar de destaque. Em São Paulo, até a Conciliação, a disciplina esteve nas mãos de liberais e significava oposição ao governo monárquico. Neste período predominou o uso do compêndio de Perreau, de início, e o de Ferrer, posteriormente. Ambos possuíam raízes no liberalismo e foram adotados pelos professores Avellar Brotero e Amaral Gurgel. Em meados do XIX passam a vicejar na Academia de Direito as tendências espiritualistas. Ali se estabeleceram as doutrinas de Krause e o Ecletismo de Jouffrouy e Cousin. Nas últimas décadas do Oitocentos a disciplina Direito Natural passa a estar nas mãos de catedráticos politicamente conservadores, como João Theodoro Xavier de Mattos, e convictos católicos, como José Maria C. de Sá e Benevides. / Current Law is studied as the exclusive fruit of human will. In this sense, the law is thought as a product of reason, apart of concepts such as Moral or Justice. This model corresponds to a certain political-social arrangement and is usually associated with a concept of State that regulates conflicts. This legal-political organization has not always existed. Brazil Empire had another way of conceiving Law and Society, in which Natural Law had a prominent place. In São Paulo, up to the Conciliation period, the discipline was in the hands of liberals and meant opposition to the monarchical government. In this period predominated the use of the compendium of Perreau, at first, and Ferrer, later. Both had roots in liberalism and were adopted by professors Avellar Brotero and Amaral Gurgel. During the mid-nineteenth century, spiritualistic tendencies flourished in the Law Academy. There they established the doctrines of Krause and the eclecticism of Jouffrouy and Cousin. In the last decades of the nineteenth century the discipline of Natural Law came to be in the hands of politically conservative professors, such as João Theodoro Xavier de Mattos, and convinced Catholics, such as José Maria C. de Sá and Benevides.

The purpose of this study was to better understand the educational practices used in first year law school and the impact of these practices on students. Prior research showed that students are negatively impacted during first year and that educational practices are somewhat to blame. This study is consistent with this literature and provides new and important information about the extent to which teaching methods; content and curriculum; assessment and grading; learning theory and aims of law school all contribute to the experiences of law students. The research method in this study consisted of in-depth interviews of 19 University of British Columbia law school graduates who had completed law school a few months earlier. Graduates were questioned about their perceptions of both the first year law school educational practices and their impacts, specifically in relation to the five core courses taught in first year law school. This study revealed that students found first year law school problematic in many ways. This research supports the literature that suggests the case method and the lecture method used in first year are not entirely effective or efficient for student learning. The case method seems to makes learning more difficult and slower than it needs to be. As suggested in the literature the lecture method was useful in providing information to students and this information helped students focus their studies. However, these typically didactic lectures did not appear to engage students or encourage deeper learning. The question and answer technique used in some lectures intimidated students and appeared to interfere with their learning. / Education, Faculty of / Educational Studies (EDST), Department of / Graduate