Resumo

ROJAS TUDELA, Farit L.. La necesaria reforma de la enseñanza del Derecho. Rev. Jur. Der. [online]. 2015, vol.1, n.2, pp.103-106. ISSN 2413-2810.

Summary The text develops the importance of the training of lawyers and judges at the time of applying the law to a particular case to dispense justice. It seeks to extend the debate on the criteria of justice reform. So far the reforms focused on the judicial organization, the form of election of judges, the procedural and material to make it smooth and rapid administration of justice laws. But they neglected the necessary training of lawyers and judges, the substrate. The judge not must simply to apply the rule blindly, but should see it as an opportunity to make the law and build a fair, adequate to conflict resolution failure. Then, the right should be a means, a tool, and an opportunity to build justice from their decisions. The idea is that you must overeóme the positivist training of lawyers and enter training of social responsibility in the administration of justice. The positivist lawyer is formed in the literal application of the rule, as a calculating machine that cares only about compliance with the law. The lawyer trained in the social responsibility of the judiciary interprets and uses law legality to avoid conflict and achieve a peaceful solution to the conflict. The justice reform proposal is based on an amendment to the education in law. An education that leaves the excessive civility in the extensive contení of prívate law matters and the training of legal reasoning that the logo-centrism decenter legal, to bury in the history of the right to education rote an uncritical of legal positivism.

Palavras-chave : training of lawyers; justice; positivism substantive; procedure; judicial organization; conflict; social responsibility.

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