THE TECHNIQUE OF JURISPRUDENCIAL ANALYSIS
Nowadays, the society demands that its citizens, besides knowing, they can develop its capacities fully. The conception of the own knowledge has changed in a complex world, because it is considered that to know is no longer merely to know, but also to have the capacity to use the information in a certain way. In this sense, the pedagogical new methods can carry out a very important role in a more and more complex and realist education.
In this communication I am in charge of the application of the technique of jurisprudencial analysis. This technique is analyzed through the use of sentences of juridical real tribunals. Their addressees are the students of Official Master in Labour Relationships of the University King Juan Carlos.
The jurisprudencial analysis, leaving of real sentences, it is a pedagogical extremely effective technique. The student carries out a record of the sentence analyzing its most important information. The information will be contrasted by the tutor, and it will be able to perform in class what happens in a tribunal of justice. This way, the student acquires a realistic vision of the Law, applying his theoretical knowledge, and feeling active member, to be the fellow that performs and he meditates around the juridical outlined problem.
With this method it is looked for the student to be aware of the complexity of the juridical world. We should be capable of making the student to understand that the Law, as imitation of the life, it is based on a system of options, of protectible values that they enter in conflict sometimes.
In this sense, a superior education aware of the new challenges to those that we face, has to develop the student's capacities appropriately. This is the form that the students can arrive to an understanding and solution of these conflicts. To overcome the obstacles that arise in the teaching of the Law it should be appealed to all the pedagogical available instruments, so much the new ones as classic. This way, the professors will be able to approach an education of quality in a more and more complex world.
In this communication the jurisprudencial analysis will be analyzed by the students as a pedagogical technique that it allows them to acquire a series of knowledge, abilities and capacities. In the first place, the one of familiarizing in order to the process, that is to say, the controversial question. Also the one of differing the parts that converges in it, and the resource type for which the question arrives to the jurisdictional organ perfectly.
In second place, the students should acquire the aptitudes to identify and to explain the interpretative dispute. That is to say, to be able to point out where the parts diverge in the law interpretation.
The teacher will analyze the capacity of the students to understand and to explain the decision adopted by the tribunal. The students should explain which the interpretive steps are that drive to the Tribunal to the certain solution.
In last place, the students have to carry out a free reflection, in which they value the decision of the Tribunal. In this sense, the competences and the students' abilities will be fomented to criticize or to justify this decision, formulating comments in those that compare the judicial resolution with that of other cases.