Desencuentros entre teorías y prácticas probatorias. Insumos para repensar la formación de abogados y jueces

Mauricio Pino Yancovic; Rodrigo Coloma Correa

doi:10.5354/0719-5885.2020.54882

Call to publish scientific articles that will be received between June 20 and November 20, 2019, referring to:

University Pedagogy: With topics such as public policies in higher education, legislative system and reforms, academic programs, comparative policies, massification processes, quality assurance, legal professions, and others in higher education as a general field, referring to the Chilean and international context .

Didactics of Law: With topics whose centrality is related to processes of innovation, learning, curriculum, innovations, teaching experiences, students and teachers characterization , among others in legal education in the Chilean and international context.

Ethical and citation standards (Chicago-deusto) must be taken care of, in addition to the originality of the research or innovation.

Disengagement between theories and probative practices. Ideas to rethink the professional training of lawyers and judges

Authors

Mauricio Pino Yancovic Universidad de Chile
Rodrigo Coloma Correa Universidad Alberto Hurtado

Vol. 7 No. 1 (2020)

https://doi.org/10.5354/0719-5885.2020.54882

Abstract

This research addresses the gap between the expectations of judges and litigants about the academic literature on evidence law, and what this literature offers them. For the current state of the art, a case study was conducted using semi-structured interviews with judges, litigants, and scholars. The most relevant findings are: i) different perspectives about what is possible to achieve using evidence in judiciary procedures, especially, if the evidence of a trial can effectively determine what happened in the past; and ii) the types of academic knowledge expected by judges and lawyers, from practical stances, they expect in the literature the description of concrete trials cases with strategies to addressed them. These findings allow for rethinking how judges, lawyers and scholars narrow to relate with each other. Mostly, findings provide insights to address how to conceive professional training for who will participate in these communities.

Keywords:

Collaborative Action Research, Disciplinary communities, Lawyers training, Evidence Law, Analysis of evidence texts

Author Biographies

Mauricio Pino Yancovic, Universidad de Chile

Psicólogo, doctor en Políticas Educativas de la Universidad de Illinois Urbana-Champaign, CIAE, Instituto de Estudios Avanzados en Educación Universidad de Chile mauricio.pino@ciae.uchile.cl https://orcid.org/0000-0002-4340-7519

Rodrigo Coloma Correa, Universidad Alberto Hurtado

Abogado, doctor en derecho, profesor titular de la Facultad de Derecho de la Universidad Alberto Hurtado, rcoloma@uahurtado.cl, https://orcid.org/0000-0003-3347-7625

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How to Cite

Pino Yancovic, M., & Coloma Correa, R. (2020). Disengagement between theories and probative practices. Ideas to rethink the professional training of lawyers and judges. Revista Pedagogía Universitaria Y Didáctica Del Derecho, 7(1), 91–118. https://doi.org/10.5354/0719-5885.2020.54882