The paradigms of legal thinking

The paradigms of legal thinking
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The Rule of Law in Legal Reasoning. An Ubiquitous Paralogism in Legal Thinking. Theory Choice and Contract Law. The Economics of Trade Laws. Towards an Interdisciplinary Theory of Law. Legal Science and Hermeneutic Point of View. Legal Theory and Social Science. Integration between Legal Research and Social Science.

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Norms of Competence in Scandinavian Jurisprudence. About this book Keywords Epistemology Karl R. Popper Legal Justification Proposition monism objectivity philosophy of science relativism theory of law theory of science. Editors and affiliations. The car is carefully checked, there is plenty of gas, and the drive is started.

There is little traffic and it is possible to travel the legal speed limit on a major highway. However, if the road does not go to the desired destination, the person will never arrive there. Likewise, if educators have established desired outcomes, established criteria, and designed appropriate teaching methods and indicators of progress, they may still not be assisting students to become successful adults.

It is possible that paradigm used to create the desired outcomes leads to the selection of different goals and objectives than those actually needed for success in a particular location or time frame. Parents and educators need to pay close attention to important trends Huitt, and domains of human potential Huitt, a and do the best they can to imagine what the world will be like in 5, 10, 15 or even 25 years. Adults responsible for the education of young people need to constantly reevaluate whether the stated desired outcomes are correct and constantly adjust curriculum and teaching methods.

In many ways, educational psychology is an analysis of competing mental representations about the practices of teaching and learning. One of the goals of the study of educational psychology is that practitioners will develop a more explicit, conscious, and visible statement of his or her worldview and paradigm that can be used systematically to guide teaching practice. As different worldviews and paradigms are explored, practitioners begin to develop a framework that presents an understanding of human growth and development based on theories and research.

This provides the foundation for theories of pedagogy how to guide learning for children and youth and andragogy how to guide learning for adults as well as theories of curriculum and assessment. These, in turn, influence thinking about how learning environments should be organized and relate to other social institutions, the actual practices taking place in nonformal, in-formal, and formal learning situations Fordam, , and methods for evaluating learning and communicating results with interested stakeholders.

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And, of course, as all of these are reciprocally connected, the influences are constantly going back and forth. The most common frameworks used in education today include factors in the following categories:. Arrange the correct environment and provide the appropriate stimuli after the target behavior has been emitted. Provide opportunities for learners to cognitively process information so learners engage in attention, repetition, and elaboration of target knowledge. Model desired processes and skills and then use operant conditioning to modify those to the desired standard.

Model desired processes and skills and provide assistance to help practice the target knowledge or skill; selectively withdraw the assistance until the learner can demonstrate mastery independently. Arrange the environment is such a way that independent and collective investigation can occur relatively unheeded by outside interference. Assist the learner to develop an understanding of personal interests and goals and facilitate the development of personally-important capacities.

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Facilitate the learner to adapt to socially-prescribed requirements as well as to establish personal learning goals; facilitate the development of the knowledge, attitudes and skills necessary for meta-cognitive and self-regulation as the learner works to successfully master both sets of goals. Assist the learner to connect to various networks of knowers, inquirers, and knowledgebases; empower learners to be producers of knowledge that can be accessed throughout one's lifetime.

A practical, realistic approach to reforming actual practice starts with a society or educational institution defining desired target behaviors. At present, the focus is on basic academic or essential knowledge and skills for a particular task, but this is proving insufficient for the digital, global, fast-paced sociocultural environment seen today Huitt, b. There is then a need to devise an approach to assessment, measurement, and evaluation instruments and procedures used to verify that learning has occurred; these put one's educational paradigm into practice as it is the methods of accountability that actually drive curriculum and instructional practices e.

When assessment practices do not match the curriculum-design targets, it can result in disconnections or a lack of coherence among the different components in the framework, resulting in a fractured, inefficient, and ineffective approach to schooling. The reading materials for the course will concentrate on research and understandings developed using social and behavioral science methodology. As part of the process of making one's worldview, paradigm, and framework of teaching and learning more explicit, you are encouraged to consider the following questions:.

It is not expected that every learner will have a fully-developed worldview, paradigm, and framework at the end of the course. However, it is expected that everyone will have considered the competing alternatives and will be better prepared to construct and evaluate approaches to teaching and learning that can be used in a variety of situations, incorporating appropriate methods, strategies, and practices advocated in current professional practice.

Aerts, D. Worldviews: From fragmentation to integration. Brussels: VUB Press. Baker, J. Paradigms: The business of discovering the future.

paradigm shift

Bruner, J. A study of thinking.

1. Defining the project

Autopoiesis and systemic response. 6. Paradigms of legal thinking. The nature of law. Law as process. Multifactorality. PARADIGMS OF LEGAL THINKING The nature of law [ Law as process / Multifactorality / Law as made up.

Malaban, FL: Krieger Publishing. Capra, F. The web of life: A new scientific understanding of living systems. Fordham, P. Informal, non-formal and formal education programmes in YMCA. Hatcher, W. Logic and logos: Essays on science religion, and philosophy. Oxford, England: George Ronald Press. Perceive science as influenced by paradigms like all other aspects of our uniquely human mind. Why do we see shapes in clouds?

Are there really elephants and cauliflower and ice cream castles in the air? How do we know what we see when we see it, and what is real and what is not. What is real? For that matter, what is reality? How do we know when something is real. What sensory information allows us to determine whether or not our perceptions are correct?

We can not under any circumstances, ever, be aware of everything that our senses are receiving information about. Try and focus for a minute on the sensory input in the room where you are now.

Listen to all of the sounds, the hums, rustling and extraneous noises. Look around the room at all of the detail, the colors, the textures, the shapes. And what about smells, and itches, aches and pains. Don't forget the different tastes in your mouth. You may become aware of a great number of things, but you will have to ignore some of them. There is simply too much sensory information bombarding our senses for us to be aware of it.

In order to make sense out of the world, we have to simplify it to a level that our brains can deal with it. Our survival as individuals and as a species depends on our perception.

We are not particularly strong, or fast, as animals go. Our evolutionary advantage is our brain.

Being able to perceive danger and plan for the future are both well developed abilities in man. Sensory information which warns of danger must be immediately recognized to maximize the chance of escaping injury or death. Our brains decode which information is important and which can be ignored without our help, although we can also influence that subconscious process to some degree. However it is done, the brain must make a processing decision as to which information is acted upon, which is stored without review, and which is ignored entirely.

Those decision are done in ways we do not understand and influenced by other factors in ways we also do not understand. In understanding our world, we learn about it, but we also learn from it. A paradigm is a way of organizing and condensing sensory information. Like learning in general, paradigms help in the study of physical science by helping us to organize information and understand our world.

Our paradigms also affect the way we design, record, and interpret our experiments and observations, as scientists and as humans.

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As the old saying goes, "You can get just as drunk on water as you can on land.