New Graduate Law Schools in Japan and Practical Legal Education

Noboru Kashiwagi

 

I.     Introduction

II.    Lack of Consensus on the Meaning of "Practical Education"

III.   Who Will Teach "Practical Skills"?

1.   Disdain of Practice or Skills among Academics

2.   The History of Legal Education in Japan: Complete Lack of Skills Education

3.   Purpose of the New Law Schools

IV.   Lack of Everything

1.   Pedagogy

2.   Consensus on the Meaning of Practice or Practical Education

3.   Teachers

4.   Teaching Materials

V.    Bar Exam for the Graduates of New Law School and Practical Education

VI.   Is It Necessary to Teach Practical Skills at the New Law Schools?

VII.  Conclusions

1.   Despite Lacking Everything, We Must Start Somewhere

2.   The Way Forward

 

I.     Introduction

The Legal Reform Council (Shihô Kaikaku Shingi-kai) published its Interim Report on November 20, 2000 (Interim Report). It states that “at the Graduate Law School, the central part of the education will be theoretical, keeping in mind the reasonable solution of problems arising out of the practice of law. At the same time, it will also involve the introduction of practical education, such as the basic theory for determining prerequisites for claims (yôken jujitsu-ron), and the skills for finding material facts. The Graduate Law School should consciously provide education bridging law practice and legal doctrine. From this standpoint, the content and methods of education, the selection and creation of teaching materials, and cooperation between academic teachers and practitioner teachers (jitsumu-ka kyôin) are required.”

Also, the Ministry of Education (since January, 2001, the Ministry of Education and Science) issued on October 6, 2000 a Report to the Legal Reform Council. A paper entitled “An Idea on the Graduate Law School and its Meaning: relating to the report to the Report to the Legal Reform Council” compiled by Professor Takeshi Kojima of Chûo University and others (Ministry of Education Report)^[1] includes the following statement: “The Graduate Law School is a professional school (purofeshonaru sukûru). In the third year, practical courses such as Legal Clinic will be offered. The teachers will be composed of academics and practitioners. It is expected that a change in

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