• Like
  • Save
The permeable web: community, value and ethics in legal education
Upcoming SlideShare
Loading in...5
×
 

The permeable web: community, value and ethics in legal education

on

  • 1,334 views

A discussion of an innovative simulation is really a discussion about what legal education can be. The shift in pedagogical focus in simulation and other moves from student-as-spectator to ...

A discussion of an innovative simulation is really a discussion about what legal education can be. The shift in pedagogical focus in simulation and other moves from student-as-spectator to student-as-creator forms a new learning space, similar to that opened up by art objects, and by dramatic and musical performance. In a simulation environment such as SIMPLE, there is no beyond text because there is no entirely bounded docuverse called text. Text and all other forms of representation overlap, palimpsest-like, in our consciousness of the world. In much the same way, play itself in MUVEs and online communities is permeable, interweaves with non-play. Professionalism in legal communities is similarly porous with the personal values and attitudes of learners and professionals. What we need to do is to create the opportunities, the clearings in our overcrowded, often incoherent curricula, for the values of play, and the play of virtues to be encouraged, valued and enacted.

Statistics

Views

Total Views
1,334
Views on SlideShare
1,330
Embed Views
4

Actions

Likes
1
Downloads
14
Comments
0

2 Embeds 4

http://www.slideshare.net 3
http://www.weebly.com 1

Accessibility

Categories

Upload Details

Uploaded via as Microsoft PowerPoint

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment
  • Transactional learning is active learning, not passive. In that sense, we want students to be involved in activities within legal actions, rather than standing back from the actions and merely learning about them. transactional learning goes beyond learning about legal actions to learning from legal actions we aim to give them experience of legal transactions. Transactional learning involves thinking about transactions. It includes the ability to rise above detail, and "helicopter" above a transaction; or the ability to disengage oneself from potentially damaging views of the group process, and re-construct that view Students are valuable resources for each other. Collaborative learning breaks down the isolation and alienation of what might be regarded as isolated or cellular learning. There is of course a place for individual learning, silent study, and the like. But students can help each other enormously to understand legal concepts and procedures by discussing issues, reviewing actions in a group, giving peer feedback on work undertaken in the group, and so on. And perhaps what is even more important is that they begin to trust each other to carry out work that is important. In other words, students begin to learn how to leverage knowledge amongst themselves, and to trust each other’s developing professionality (learning about know-who, know-why, as well as know-what within the firm). Often, we have found, if there are firms that are not producing good work or keeping to deadlines, it is because they do not know how to work together effectively; and this often arises from a lack of trust. Transactional learning ought to be based on a more holistic approach. Allowing students to experience the whole transaction- and all the different parts- not just the actual procedure but how this may affect the client and how you may have to report this to the client. Transactional learning of necessity draws upon ethical learning and professional standards. There are many examples of how students have had to face ethical situations within the environment – some are ones where we have created a situation with an ethical issue- others have arisen unexpectedly. E.g mandate example ( if time) 7 & 8: Students are taking part in a sophisticated process that involves taking on the role of a professional lawyer within the confines of the virtual town and firm. In order to enhance the learning experience they must be immersed in the role play- and to do that they must be undertaking authentic tasks. Research suggests that when students are involved with online environment similar to the virtual village- that these authentic settings have the capability to motivate and encourage learner participation by facilitating students ‘willing suspension of disbelief’. This allows them to become immersed in the setting.
  • The project aimed to address the educational and management issues of implementing an environment such as the one we have just demonstrated to you. These have been identified elsewhere in this presentation and are brought together this slide. Personalized and collaborative learning, how you use a simulation project and how this relates to other modes of learning, use of rich media and finally the matter of creating an authentic environment with authentic tasks.
  • So what are we doing in the project: We are creating- indeed have created – tools which allow academics to build simulations similar to the one you’ve seen here. These can be highly structured, closed boundary simulations as well as loosely-structured, open-field simulations We’re developing guidelines for academics, support staff, IT staff and students. There is a tool for the creation of the map and directory and communication tools. We are mentoring a number of partner projects and also evaluating the experience for future users.
  • Major personality clashes from outset Polarisation; warring factions Resistance to change; inability to adapt Me first; firm nowhere Fixed attitudes; no self awareness Blame culture; victimisation Relationship focussed: ‘them’ (differences) No confidence in other members Independence: lose-lose
  • Recognition of strengths and weaknesses Mutually supportive & sense of personal value Inclusive culture; decisions by consensus Good communications; self diagnostic Shared responsibility & respect Flexible, organic development of working practices Ability to learn from mistakes: adaptable, resilient Ground rules: everyone ‘plays fair’ Interdependence: win-win Task focussed: ‘our way’

The permeable web: community, value and ethics in legal education The permeable web: community, value and ethics in legal education Presentation Transcript

  • T he permeable web: community, value and ethics in legal education Professor Paul Maharg Glasgow Graduate School of Law
  • a rgument in summary …
    • A shift in pedagogical focus from student-as-spectator to student-as-creator forms a new learning space, similar to that opened up by art objects, and by dramatic and musical performance.
    • In an online simulation environment (such as SIMPLE) there is no entirely bounded docuverse called text. Text and all other forms of representation overlap, palimpsest-like, in our consciousness of the world.
    • In much the same way, play itself in MUVEs and online communities is permeable, interweaves with non-play.
    • Professionalism in legal practice communities is similarly porous with the personal values and attitudes of learners and professionals.
    • What we need to do is to create the opportunities, the clearings in our overcrowded, often incoherent curricula, for the values of play, and the play of virtues to be encouraged, discussed and enacted.
    • ‘ Individuals will always be the centre and consummation of experience, but what the individual actually is in his life experience depends upon the nature and movement of associated life ’.
    • John Dewey, LW 14, 91.
    Dewey & collaboration >>
    • William Sullivan contrasts technocratic professionalism (concerned with technical self-interested practices and motivations driven by profit only) with civic professionalism , that invests professional practice with moral meaning and with democratic value.
    • Sullivan, W. (1995) Work and Integrity. The Crisis and Promise of Professionalism in America , second edition, New York, John Wiley & Sons
    >> c ivic professionalism
    • ‘ If the ideal of democratic professionalism is so beneficial, then why is it losing to the technocratic model? An obvious reply is that the latter fits neatly into the rationalized procedures and needs for predictability and control found in modern economic and political organization. Further, those trained for professions currently have minimal instruction in the democratic consequences of their professional domains.’
    • Dzur, A.W. (2002) Civic Participation in Professional Domains, Paper delivered at the Annual Meeting of the Amercian Political Science Association, Boston, August-Sept 2002, http://muse.jhu.edu/login?uri=/journals/good_society/v013/13.1dzur01.html
    t echnocratic professionalism vs democratic professionalism
    • Law Society of Scotland is currently consulting on new outcomes for
      • a primary educational programme: PEAT 1 (old Diploma in Legal Practice)
      • a flexible work-based elective programme: two-year traineeship + PEAT 2 (old Professional Competence Course)
      • new CPD requirements
    S cottish professional legal education
    • New curriculum structure
      • based around transactional learning
      • with the concept of professionalism at the core
      • b ased on the values of ethical practice as:
        • defined by the profession
        • a nalysed by profession and schools
    S cottish professional legal education
  • transactional learning…
    • Transactional learning:
    • active learning
    • through performance in authentic transactions
    • involving reflection in & on learning,
    • deep collaborative learning , and
    • holistic or process learning,
    • with relevant professional assessment
    • that includes ethical standards
    • Professionalism
    • Professional relationships
    • Professional communications
    professionalism values as outcomes
    • Throughout the programme a student should demonstrate a commitment to:
      • The interests of justice and democracy in society
      • Effective and competent legal services on behalf of a client
      • Continuing professional education and personal development
      • Diversity and public service
      • Personal integrity and civility towards colleagues, clients and the courts
    professionalism
  • professionalism Outcome Positive indicator Negative indicator 5. Personal integrity and civility towards colleagues, clients and the courts Is honest with all others on the course; relates to colleagues on the programme with civility; treats tutors, administrative staff and others with respect. Exhibits traits of arrogance, intemperate behaviour, mismanagement of own affairs; lies to colleagues or programme personnel; plagiarises work; adopts the work of others as own work; is abusive or contemptuous towards colleagues or programme personnel.
    • Law Society is now:
      • Working with institutions, students, staff to bring about collaborative change
      • C reating a space where Creative Commons resources and Open Educational Resources (OER) can be created, shared & maintained.
      • D eveloping with institutions key initiatives such as Standardized Clients, interactive multimedia, simulation.
    • Society is matching curriculum-building process to the aims of the programme itself …
    process of change…?
  • SIMPLE (SIMulated Professional Learning Environment
      • personalized learning in a professional environment
      • collaborative learning
      • use of simulation spaces in programmes of study, and the relation between simulation spaces and other learning spaces on a programme, including paper-based and online resources, face-to-face classes, and administration
      • use of rich media in online simulations – video, graphics, text, comms., etc.
      • authenticity in the design of simulation tasks, and effective assessment of professional learning
  • what has the SIMPLE project done?
    • Provided academic staff in UK universities with software tools to design and build simulations and collate all of the resources required
    • Developed teaching, learning and assessment templates, including curriculum guidelines
    • Provided tools to create a map and directory for a virtual town
    • Enabled communication between students and simulated characters/staff
    • Monitoring and mentoring functions
    • Evaluated student and staff experiences in using the simulation environment
  • large-scale implementation in disciplines Discipline Degree programme Institution Architecture BSc (Hons) / March, year 3 Strathclyde U. (1) Management Science BA (Hons), year 1 Strathclyde U. (1) Social Work MA (Hons), year 2/3 Strathclyde U. (1) Law LLB, year 1 Glamorgan U. (1) Law LLB, year 2/3 Stirling U. (2) Law LLB, year 3 Warwick U. (1) Law LLB, year 3 West of England U. (1) Law Diploma in Legal Practice, p/g Strathclyde U. (6)
  • correspondence file
  • Ardcalloch directory
  • map of Ardcalloch
  • e xample:personal injury negotiation project
    • Administration:
    • 272 students, 68 firms, 8 anonymous information sources – PI mentors
    • 68 document sets, 34 transactions
    • Each scenario has embedded variables, called from a document server, making it similar, but also unique in critical ways
    • students have 12 weeks to achieve settlement
    • introductory & feedback lectures
    • discussion forums
    • FAQs & transaction guideline flowcharts
    • voluntary face-to-face surgeries with a PI solicitor
  • PI project: assessment criteria
    • We require from each student firm a body of evidence consisting of:
    • fact-finding – from information sources in the virtual community)
    • professional legal research – using WestLaw + paperworld sources
    • formation of negotiation strategy – extending range of Foundation Course learning
    • performance of strategy – correspondence + optional f2f meeting, recorded
  •  
  •  
  •  
  • PI project: what students would have done differently…
    • ‘ At the beginning we thought we perhaps lost sight of the fact that we had a client whom we had a duty to advise and inform. On reflection we should have issued terms of engagement and advised the client better in monetary terms what the likely outcome was going to be.’
    • ‘ […] unlike other group projects I was involved in at undergraduate level I feel that I derived genuine benefit from this exercise in several ways:
      • 1. reinforcing letter-writing, negotiation, time-management and IT skills
      • 2. conducting legal research into issues of quantum
      • working effectively in a group as a group - not delegating tasks at the first meeting and then putting together pieces of work at the second meeting.’
  • PI project: tempo & complexity
    • ‘ We found that UCSF, School of Medicine students who received comments regarding unprofessional behaviour were more than twice as likely to be disciplined by the Medical Board of California when they become practicing physicians than were students without such comments. The more traditional measures of medical school performance, such as grades and passing scores on national standardized tests, did not identify students who later had disciplinary problems as practicing physicians’.
    • Papadakis, M. et al (2004) Unprofessional behaviour in medical school is associated with subsequent disciplinary action by a state medical board, Academic Medicine , 79, 244-79
    e vidence on professionalism from medical education
  • t ools for learning professionalism: the learning/trust matrix Trust Dysfunctional Learning Community Friendly Society Legal Eagles Learning Barton & Westwood, 2006
  • development of learning matrix Learning Trust 12% 27% 20% 41% Barton & Westwood, 2006
  • low trust and low learning
    • Culture
      • Suspicious, blame, independence, me first
    • Task
      • Not task focussed; low engagement
    • Relationships
      • Victimisation, polarised, abrasive, secrets
    • Approach
      • Inflexible, superficial, dictatorial, rigid
    Trust Learning Barton & Westwood, 2006
  • low trust and low learning “ not my place to act as social worker to my team members.” “ Teamwork jarring is insoluble – some people are just destined not to work together.” “ Basically I would say that our firm was a success although we would have been better as a group of three.” “… this was done for selfish reasons as at the time I had no desire to work with L as tensions between us from the outset were high” “… childlike tantrums…turned into a nightmare” Trust Learning Barton & Westwood, 2006
  • low trust and low learning
    • ‘ Personal conflict or basic incompatibilities over interpersonal styles can poison a group.’ (Leonard and Swap 1999 p42)
    • ‘ Without trust it may literally be true that it is not safe to talk about particular issues. Over time the relationships will not survive if it is not possible to talk through issues before they do damage.’ (Ward & Smith 2003 p14)
    • ‘… distrust creates destructive conflict among members.’ (Johnson & Johnson 1997 p133)
    Trust Learning Barton & Westwood, 2006
  • high trust and high learning
    • Culture
      • Inclusive, fair, interdependence, team first
    • Task
      • Task focussed: our way; high engagement
    • Relationships
      • Open, valued, supportive, honest
    • Approach
      • Flexible, organic, consensus, responsive
    Learning Trust Barton & Westwood, 2006
  • high trust and high learning “ the great thing about the firm was that I felt that we all picked up on these weaknesses early on without any conflicts arising” “ that doesn’t mean our differences have to separate us…that is precisely what makes us work much better together as a team” “ Greater than the sum of the parts springs to mind.” “ People were flexible about the work they took on and were willing to try new things.” “… responsibility was shared and that support would be given if someone had a problem.” “ The other 2 members of the firm turned up on the negotiation day to lend moral support and share in the outcome” Learning Trust
  • high trust and high learning
    • ‘… it is through the medium of the group that a student can immerse himself in the world of the practicum ….learning new habits of thought and action’ (Schon 1987 p38)
    • ‘ successful collaborators create patterns of communication appropriate to their relationship and task’ (Schrage 1995 p158)
    • ‘ To be part of a group is to share values with the others to some extent. This sharing of values allows certain things to be said which otherwise cannot be said.’ (Ward & Smith 2003 p96)
    Learning Trust
  • reference
    • Barton, K & Westwood F. (2006) From student to trainee practitioner – a study of team working as a learning experience, Web Journal of Current Legal Issues, http://webjcli.ncl.ac.uk/2006/issue3/barton-westwood3.html
  •  
  •  
  •  
  •  
  •  
  •  
  •  
  •  
  •  
  • Democracy Island… SL blogs SL events
  • Harvard Law School online course… http://blogs. law.harvard.edu /cyberone/
  • 1. there’s no such thing as experiential learning
    • W e don’t learn from experience
    • We learn by working to interpret experience, given that, when learning:
      • we have different prior knowledge
      • our aims are always different in subtle ways
      • we learn different things from the same resources
      • ‘ resources’ means symbolic objects like books & web pages, but also people, including ourselves
      • we can learn intimately and deeply from any resource, given a suitable context
    • Teachers and students need to encode those interpretations as complex memories, habits, skills, attitudes or knowledge objects if they are to re-use them
        • Schratz, M. and Walker, R.(1995) Research as Social Change: New Opportunities for Qualitative Research. London: Routledge.
    • Curriculum is multiple distributed technologies and practices. Eg timetables, course teams, notepads, learning spaces, forms of knowledge transmission, discussion, computers, forms of speech, writing – all existing in time spans.
    • Some technologies are ancient ( lectura, glossa) , some new (SIMPLE, standardised clients, mobile phones)
    • Success in learning means:
      • f or staff, the need to compose and orchestrate the curriculum .
      • f or students, the tools, support & spaces to manage their own curriculum
    2. curriculum is technology
  • Dewey & Thorndike: where extremes meet
    • ‘ One cannot understand the history of education in the United States in the twentieth century unless one realizes that Edward L. Thorndike won and John Dewey lost.’
        • Lageman, E. (1989) The plural worlds of educational research, History of Education Quarterly , 29(2), pp. 185–214
  • John Dewey E.L. Thorndike 1. Philosopher & educationalist Educational psychologist 2. Theoretician and practical implementer Theoretician & experimentalist 3. Interested in the arc between experience & the world Explored the dyadic relationship between mind & the world 4. Pragmatist approach to learning: prior experience, ways of contextual knowing Adopted as precursor of a behaviourist approach to learning: assessment-led; laws of effect, recency, repetition 5. Emphasised learning ecologies Emphasised teaching strategies 6. Followed by: Bruner, Kilpatrick, standards movement, Constructivist tradition Followed by: Watson, Skinner, Gagné, outcomes movement,
    • ‘ Judgment may be identified as the settled outcome of inquiry. It is concerned with the concluding objects that emerge from inquiry in their status of being conclusive . Judgment in this sense is distinguished from propositions . The content of the latter is intermediate and representative and is carried by symbols; while judgment, as finally made, has direct existential import.’
        • Dewey, Logic: The Theory of Inquiry (New York: Henry Hold and Company, 1938) , 120
    • [a]n experience is a product, one might almost say a by-product, of continuous and cumulative interaction of an organic self with world’
        • Dewey, Later Works, vol 10, p. 224
    experiential e ducation as education of qualities …
    • [T]he old notions of natural Affections , and kind Instincts ; the Sensus communis , the Decorum , and Honestum , are almost banished out of our Books of Morals; we must never hear of them in any of our Lectures for fear of Innate Ideas ; all must be interest and some selfish View.
        • Hutcheson, F. (1969–90) Collected Works of Francis Hutcheson , 7 vols (Hildesheim, Olms), VII, 475 [1725]
    … in an Enlightenment, beatific model of ethical encounter…
    • ‘ Dewey’s analyses of the transaction of organism and environment can be read as an account of the construction processes that lie beneath all human activity. Dewey’s work anticipates, if it does not explicitly articulate, much of what is important and interesting about constructivist epistemology and constructivist pedagogy.’
        • Vanderstraeten, R. (2002) Dewey’s transactional constructivism, Journal of Philosophy of Education , 36(2), pp. 233–46, 234.
    … and in models for future educative ethical processes…
  • E xample: client permission claimant firm
    • ‘You have indicated that would prefer to not have this matter proceed to court. Please inform us as soon as reasonably possible of your instructions of the amount we would be able to accept on your behalf in full and final settlement of this claim following negotiation with the defenders.’
    • ‘ As for the total amount of the claim, my wife and I have discussed the matter and we’re happy with the sort of amounts you’ve stated there. As I say, I’m not wanting to go to court, but I do want as much as I can get though I realise you’ve got to be realistic. I’m not looking for apologies or anything. Do your best and just get as much compensation as you can.’
    l aw firm Client
  • Example: client permission claimant firm
    • ‘ Just one more thing. I notice that the Agreement is signed by you rather than me, which is fair enough I suppose, if you are my solicitor. I don’t know about the details of these things. But it just seemed odd to me that you sent me the agreement signed by you, and I had not said if I agreed with the amount. I just wonder what would have happened if I had changed my mind?’
    Client
  • c laimant firm response
    • Extract from letter to client:
    • ‘ In our report to you dated 16 th December 2008 we asked for your instructions as to the amount that we could accept on your behalf in full and final settlement of the claim. In your letter of 4 th January 2009 you indicated that you were happy with the amounts that we had indicated and that we were to do our best and just get as much compensation as we can for you. We took this to be your instructions for us to settle on your behalf and are sorry if we misinterpreted these and for any confusion involved in the process.’
  • d efender firm response
    • Firm minutes of meeting to discuss the issue:
    • ‘ All acknowledged and understood AIC’s concerns with regard to this matter. However, we had felt the letters of 4 th and 8 th Jan had provided us with the authority necessary to settle.
    •  
    • We felt that this one-off breakdown of communications between the firm and AIC, who are a long-standing client, should be taken on board and that we should put in place a clear process for settlement in future actions.’
  • contact details
    • Email: [email_address]
    • Blog: http://zeugma.typepad.com
    • Book: www.transforming.org.uk
    • These slides at: www.slideshare.net/paulmaharg
    • SIMPLE: http://simplecommunity.org