案例教学的“体”与“用”之道

“Ontology” and “Use” in the Case Teaching

美国哈佛法学院1870年率先使用案例教学以来,在运用地过程中出现了"体"与"用"的迷失。案例教学须坚持"本质直观"的内在理路,坚持案例为工具之用,教学效率为体;案例的事实为用,教育价值为体;语言为用,理解为体与对话为用,批判为体的思路,案例教学方显露本源力量,方能获得其应然的有效性。

It has been an inevitability for teachers to turn to case teaching since its first introduction in the Law School of Harvard. However, essential problems exist in file case teaching that confuse ontology and use. This paper argues that file principle of essential intuition is vital to restore the original strength of file case teaching through the use as an approach for efficiency, the use of facts for value realization, the use of language for understanding, and the use of dialogue for criticism.