Author
Asst Prof Nahyun Kim
Organisation/Institution
East China University of Political Science and Law
Country
CHINA
Panel
Legal Education
Title
The New Role of Comparative Law education for in the Age of Artificial Intelligence – Focused on the Cultivation of Creative Thinking Abilities for Aspiring Lawyers
Abstract
Comparative law education in law schools today carries the limitation that the subject is predominantly taught in a manner that is heavily centered on the qualification exam for students whose schedules are filled with preparations for the bar exam and future employment. Hence, most students whose career goals are not directed towards pursuing legal studies or international legal practices generally lack the motivation to study foreign law or legal systems. Yet, in the coming era of artificial intelligence, the rise of creative education in universities serves as a favorable educational trend to persuade law students of the benefits of learning comparative law. Bearing in mind that exposure to novel perspectives and new knowledge spurs creative thinking, comparative law is an excellent tool through which learners can acquire different perspectives, solutions and methods of thinking about the same issue. That said, an optimal curriculum design of comparative law should be centered on “establishing creative legal minds” of aspiring learners. Students equipped with broad perspectives and an acutely creative mind will go on to secure competitiveness in the legal market, which will soon face a major transformation in the face of the growing uses of AI in the legal realm. Furthermore, by placing the primary goal of comparative law education on “fostering creativity as a legal practitioner,” comparative law classes will become universally applicable for not only for law students with relevant career goals, but also for those majoring in general law. In this regard, this article proposes a curriculum design that converges comparative law education with creative thinking, based on the author’s lecture on "Comparative Law Research and Creativity." The course comprises of four main parts: 1) a comparison of systems of thoughts as legal practitioners, 2) an analysis of the latest global legislative trends, 3) education on foreign legislative precedents that are distinguished from Chinese counterparts on the same issues, and 4) introduction to foreign case law contradictory to Chinese case law. The first element explains the basic characteristics of the Anglo-American and Continental legal systems, as well as the differences between the main ways of thinking of lawyers trained therein. For example, students learn how the litigation-centered and substantive law-centered systems of thought are manifested in daily life and legal practice, focusing on specific cases. The second element educates students on the legislative examples and proposals of various nations. Due to the lack of discussion on this matter, students will be able to understand the latest legal issues and legislative trends in foreign countries. As a result, students will develop advanced proficiency in developing arguments, acutely grasp key legal issues, and acquire various legislative skills through discussions and applications of the Socratic method. The third element fills the void formed by the existing domestic law-centered education focusing on legal practitioners’ typical way of thought. The final element will serve to cultivate critical thinking skills through the comparison of domestic and foreign case laws, guiding students to expand their legal minds by witnessing the various ways through which foreign lawyers develop legal arguments.
Biography
I am an assistant professor at East China University of Political Science and Law Economic Law school and also the only Korean faculty member of East China University of Political Science and Law. I have been selected for the JingTian Excellent Scholar Program since I joined ECUPL. I have a PhD (Economic Law) from the Renmin University of China and a JD from the Chung-Ang University of Korea. I specialize in company law, corporate finance law and platform regulation. I have published in JUSTICE, Chung-Ang Law review, Law Journal, Journal of Social Science, Chinese Law Review. I teach Comparative Commercial Law, Comparative Corporate Finance Law and Platform regulation at both the undergraduate and graduate levels. As I’m very interested in contributing academic exchanges between different countries, I hosted an online conference on the Korea-China Internet Regulation in 2020, which was co-hosted by Korea University, Chung-Ang University in Korea, and Renmin University of China, ECUPL in China. I’m currently preparing to host a conference on Korea-China Company Law in May 2025, which will be co-hosted by ECUPL Economic Law school in China and Korea University Law school in Korea.
