Case book
A case book , engl. Casebook is a specially designed textbook . It serves the structured transfer of theoretical knowledge into practice. Sometimes a case book also contains exam questions or an introduction to methodology and scientific work .
Jurisprudence
Objectives and methods of the case book
While other teaching methods, such as lectures or textbooks , primarily aim at imparting knowledge and presenting a field of law , a case book aims to apply the subject matter to the individual case. The relevant law is determined and exemplarily applied to an abstracted, high-court but often already decided life issue. The natural and legal persons involved in the case are more typically referred to as A, B or C or have fictitious names . The student's task is to work out a legal solution based on the prevailing opinion , or at least to come to an acceptable result .
The case book can be assigned to inductive teaching methods and trains the ability to subsume . From the individual case, a generally abstract formulated legal provision or legal rule is concluded. This property of the case books serves to improve understanding of the often complex legal provisions. Laws are formulated in a general and abstract way, i. That is, they are aimed at a general group of people. The degree of abstraction of the legal formulation aims to be as general as possible, but this also gives greater influence to the ambiguity and ambiguity.
Cases, on the other hand, are specially formulated. The special, concrete narrative style fills “dry” formulated regulations with life. Law studies are often accused of being dry, sober and factual and consisting largely of memorization . What is overlooked here is that the ability of a legal practitioner to subsume does not consist in mere knowledge of the law, but rather in the methodically correct application of legal norms to individual life situations. Training the ability to subsume is the goal of a case book.
The inductive method of teaching a case book has parallels to the tradition of Anglo-American legal system , where the case law (Engl. Case Law ) and the case law more importance as a source of law belongs as is the case in continental European jurisdictions. The German legal system in particular is characterized by deductive legal knowledge, systematics and rational, abstract and conceptual thinking. The use of casebooks in law teaching in US universities has a long history. The so-called casebook method was first developed at Harvard Law School and goes back to Christopher Columbus Langdell , an American lawyer of the 19th century. The casebook method is the common classroom method today to learn American law. The leading publishers who publish Casebooks are West , Aspen Publishers and LexisNexis in the USA and the Wiener Universitätsverlag in Austria .
Demarcation
A distinction must be made between the Casebook as a modern teaching tool
- the Judiciary Book , which is a collection of judicial decisions on real cases , and
- the Digest , which is a compilation of the works of Roman legal scholars. The digests also contain cases.
Judiciary books and digests are special case books that are also used in legal teaching.
medicine
Medical case books convey using patient examples, the diagnostic assessment and therapy on the various subject areas .
Web links
Individual evidence
- ↑ cf. for example Ansgar Ohly , Franz Hofmann, Herbert Zech: Cases on Intellectual Property Law Munich 2018. ISBN 978-3-406-71090-2 (Germany)
- ↑ cf. for example Hubert Hinterhofer, Hannes Schütz (ed.): Case Book Criminal Law and Criminal Procedure Law ( Memento of the original from January 14, 2018 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Verlag Jan Sramek, 2016. ISBN 978-3-7097-0109-6 (Austria)
- ↑ cf. for example Markus Schott, Stefan Vogel (Eds.): Case Collection Public Law Schulthess Verlag 2007. ISBN 978-3-7255-5390-7 (Switzerland)
- ↑ cf. for example Bernhard Hellmich: Case book internal medicine Thieme , 2017. ISBN 9783132406346
