Análisis y propuesta metodológica desde una perspectiva constructivista para la didáctica jurídica en Chile

Abstract

This research focuses on the teaching of law in Chile, which has as a main feature in its development that teachers, in the legal field, do not always reflect on their work as university professors, and its action basically limits it to the exercise of the profession and by taking specialized studies, preferably Doctorates as input for the chair. In addition to the above, the scarce implementation of alternative methodologies to the master class is presented, which has generated a strong asymmetry between the current demands that are required of legal professionals and their academic training. Consequently, pedagogical reflection is necessary, which implies the understanding of the educational act, not as a simple process of transmitting information from an expert to an apprentice, but as a multidimensional process from a constructivist-communicative perspective in perfect dialectic with the context in which it arises and from where the problem to be investigated is based. In order to analyze this problem it is necessary to mention its possible causes that can be seen from the perspective of the lack of a theoretical and methodological framework based on the pedagogical sciences and, on the other, of the divergence in the conception of the very object of legal education. Thus, from personal experience, we seek to analyze the classroom practices implemented in the training of legal professionals, their origins and foundation, to know the new demands that are required of these professionals, the new scenarios in which they will exercise their functions and the way in which the learning of the necessary skills for these new contexts could be incorporated. For the development we will expose three chapters: The first in which starting from the personal experience and review of the state of the art of the authors will try to reconstruct the problem in terms of the way in which the law is taught. In a second stage we will analyze what would be the theoretical device that allows us in the action to transform the traditional pedagogical practice of teaching law. In a third stage, an analysis and conclusions of what was observed in the research and the presentation of a proposal that can be implemented to improve the teaching of law will be presented.