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The topic of judicial reasoning has been largely excluded from high school law and social studies curricula despite widespread ignorance and misunderstanding among Canadians of the reasoning judges are expected to employ in applying the law. The two biggest obstacles to its inclusion are: (1) insufficient appreciation among educators of the importance of public understanding of judicial reasoning, and (2) a lack of consensus about the nature of judicial reasoning. Accordingly, the major thrusts of this dissertation are to justify why judicial reasoning ought to be part of basic civic education and to articulate a defensible conception of judicial reasoning for educators' use in law-related and public legal education programs. Defensible criteria for theorizing about judicial reasoning are explained and justified by considering different types of theorizing about social practices. Three basic types of theories are identified - formal, causal and ethical theories. It is suggested that the relevant type of theory of judicial reasoning, what I call a formal theory, involves explication of what informed practitioners would accept as the standards operating within their system. This account of theorizing about social practices is defended against objections implied by a rival account of theorizing presented by Dworkin. Dworkin's explication is rejected on the grounds that it conflates a distinction between theories that faithfully represent the standards of proper judicial practice and theories whose account of judicial standards is controlled by instrumental purposes. Building on Hart's conception of law as a union of primary and secondary rules, an account of judicial reasoning is developed in terms of three types of second-order rules. These rules of application, which establish standards for applying the law in particular cases, include rules for determining the legal validity of arguments for a decision, for setting the relative weight of legal arguments, and for verifying the conclusions attributed to a legal argument. Rules of application are organized into three dominant modes or forms of reasoning: (1) reasoning from interpretive guidelines, which refers to a constellation of second-order rules that govern application of law by determining a law's meaning; (2) reasoning from prior cases, which deals with rules governing application of law in light of previous judicial decisions; and (3) reasoning from principle, which involves rules for assessing the implications of potential judicial decisions in light of other legal standards. Specific judicial decisions and general judicial practices are explicated in terms of these modes of reasoning. This account of judicial reasoning is defended against a number of objections, including challenges posed by the principal rival conception of reasoning about the law - an account of judicial reasoning offered by Dworkin. Teaching high school students about the modes of judicial reasoning is justified because greater public understanding of judicial reasoning is required to combat widespread, potentially damaging, misperceptions of judicial practices. The key elements comprising an adequate lay understanding of judicial reasoning are outlined. / Education, Faculty of / Curriculum and Pedagogy (EDCP), Department of / Graduate

published_or_final_version / Education / Doctoral / Doctor of Philosophy

問題式學習模式，已採用在許多不同的學科，包括醫學，工程和其他實用的科學領域，尤其是一些注重實踐應用，而不是純粹知識技能的學科。然而，到目前為止，只有很少的實證研究是關于問題式學習模式在法律科的應用，法律科也是一個實踐性很強的學科，側重於學生應用法律的能，而是純粹法律知識的傳授。 / 此研究旨在探討問題式學習模式對學生在法律科學習成果的影響。學生的學習成果在這項研究中包括學生的學業成就，動機和自我調節學習策略。這項研究的研究問題是： / 1）問題式學習模式在學生學習法律時，與傳統的課堂講授方法相比，是否對學生的學業成就，動機和自我調節學習策略有任何影響？ / 2）如果上述問題的答案是肯定的，在什麼條件下，問題式學習模式會對學生的學業成就，動機和自我調節學習策略產生正面影響？ / 在這項研究中，學生被分為兩組，即問題式學習模式組（處理組）和傳統的課堂講授組（對照組）。課程結束後，學生的成績是由一份試卷衡量，而學生的學習動機和自我調節學習策略是由一份專為研究學生的學習動機和自我調節學習策略的問卷MSLQ衡量。試卷分為三節，包括20條選擇題，5條簡短的問題，和3個現實生活中的案例研究。採用方差分析(ANOVA)來對學生的考試成績和MSLQ結果分別進行了分析。 / 研究結果顯示，學生的學業成就，動機和自我調控學習策略，在考試和MSLQ結果上，處理組和對照組之間有一個顯著的差異。在考試中，這項研究發現學生在選擇題和簡短的問題上，處理組和對照組得分沒有顯著區別，而學生在個案研究上，兩組之間的分數有顯著的差異。有關的結果，跟廣泛支持問題式學習模式好處的研究，包括Savery & Duffy (1993)，Barr (1997)，和 Rouse (1990)，是一致的。 / 此外，這項研究還用質定性的方法，包括觀察和訪談，找出在什麼條件下問題式學習模式可以有效地影響學生的學習成果。結果發現，為使問題式學習模式有效，應該有良好的時機，成熟的學生，熱情的推動者和適當的學習環境。這項研究提出，如果有老師想採用問題式學習模式作為一種學習方法，他應該確保這些條件都滿足，以保證問題式學習模式的成功。 / Problem-based learning has been adopted in many disciplines, including medicine, engineering and other practical science areas which place more emphasis on applied skills as opposed to pure knowledge. However, so far, there is little, if any, empirical research conducted on the impacts of PBL in the field of law, which is also a very practical subject and focused on application skills rather than the dissemination of pure legal knowledge. / This study aimed to examine the impacts of PBL on student learning outcomes in the contextof law. Students’ learning outcomes in this study included students’ academic achievement,motivation and self-regulated learning strategies. The research questions of this study were: / 1) Does the use of PBL have any impact on students’ learning outcomes, including students’ academic achievement, motivation and self-regulated learning skills, in a law subject when compared to students enrolled in traditional lecturing method? / 2) Under what conditions, does PBL have these impacts on students’ academic achievement, motivation and self-regulated learning strategies? / In this study, students were divided into two groups, i.e. PBL group (treatment group) and traditional lecturing group (control group). After the course was completed, students’ academic achievement was measured by a final examination paper, while students’ motivation and self-regulated learning strategies were measure by the Motivated Strategies for Learning Questionnaire (MSLQ). The final examination paper was divided into three sessions, including 20 MC, 5 short questions, and 3 real life case studies. ANOVA was used to analyze students’ scores in the final examination and the MSLQ. Students’ scores on each session of the final examination were analyzed individually, while the motivational subscale and self-regulated learning strategies subscale of the MSLQ were analyzed separately. / The findings showed that there was a significant difference in students’ academic achievement, motivation and self-regulated learning strategies between the two groups in both the final examination and the MSLQ scores. In the final examination, it was found that there was no significant difference between students’ MC scores and short question scores of the treatment group and the control group, while there was significant difference between students’ case study scores between the two groups. In relation to the MSLQ results, it was found that there was significant difference between both students’ motivational subscale scores and self-regulated learning strategies score of the two groups. The significant difference in the ANOVA score of the PBL group was found to be consistent with the research of Savery & Duffy (1993), Barr (1997), and Rouse (1990), who indicated widespread support for the knowledge and stimulus benefits of PBL. / Besides, the researcher also used qualitative methods, including observation and interview, to find out, under what condition, PBL may have an impact on students’ learning outcomes. It was found that in order to make PBL effective, there should be good timing, mature students, passionate facilitator and appropriate learning environment. It was suggested that, if any teacher would like to adopt PBL as a learning approach, he should make sure that these conditions are met in order to ensure the success of PBL. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Detailed summary in vernacular field only. / Chan, Sui Ki. / Thesis (Ed.D.) Chinese University of Hong Kong, 2014. / Includes bibliographical references (leaves 320-346). / Abstracts also in Chinese.

The purpose of this study was to narrate the major influences shaping the construction and transmission of legal knowledge in South Africa. The paper contends that these influences revolved around the role of the state, the profession, and the university law schools. The conceptual framework informing the study was the place of values in policy measures intimately affecting legal education. The values connection is contextual and not formal or abstract. It is the politics of legal education. The study revisited the site of the current debates in legal education, that of the divide between practical and academic education/training, and the staging of academic and professional education. Particular attention was also paid to the considerations allowed in determining the content of law studies. The role of legal education and training in promoting adversarialism and litigiousness was addressed. Of the three major stakeholders in legal education, the state wields more influence than others. The fresh political dispensation in the country has further supported the state's intervention in legal education. Most of the policies introduced by the state revolve around the enhancement of opportunities for the previously disadvantaged to gain access to legal education. The spate of . government measures in this regard is still growing. The effects of government policy measures like the Outcomes-based Education, the under preparedness of a segment of the student population for law study, admission of more students in the face of tension between a 'mass' and ' elite' system, and the growing diversity in the law schools, are some of the social factors identified in this study. The study concluded with an expression of optimism in the system even in face of frictions and tensions, As envisaged for this exercise, a number of the issues identified were not fully explored. .It is expected that further research may be conducted to determine the far reaching consequences of the factors thus identified. / Thesis (LL.M.)-University of Natal, Pietermaritzburg, 1998.

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No abstract available. / Thesis (LL.M.)-University of Natal, Durban, 2002.

In this study, an analysis and an evaluation of the feedback comments made by fourth year law students on legal writing assignments of first year law students is made. The purpose is to formulate a sense of the student tutors' shared capacity to critique legal writing, and thereby assist in developing the writing skills of first year students at one South African law school. A review of the literature on legal writing from the United States of America suggests that there has been a shift away from the current-traditional paradigm, which focussed on formal features of legal writing. The 'new legal rhetoric' approach, based on research and theoretical understandings which view writing as a recursive process , has now been widely adopted. This approach has been further extended by the 'social perspective,' which acknowledges writing as a social practice. which novice writers can learn from experts within the legal discourse community. Finally, critical reading and writing theorists propose a politicised approach to writing, encouraging critiques of alienating discourse practices. Legal writing pedagogy in the United States has reflected these changing theoretical perspectives. The 'process' approach to teaching writing requires intensive writing instruction and practice by novices. Several drafts of assignments are submitted, and instructors respond with appropriate written (and verbal) feedback comments, which are intended to motivate revisions. The implications of this approach are that increased numbers of trained writing instructors are required to implement such a labour-intensive pedagogy. Resource constraints, and the difficulties of staffing such programmes, have resulted in innovative models being devised. The use of student tutors to assist in teaching legal writing inspired the introduction of a comparable tutor-training course at the University of Natal, Durban Law School, in 1999. In this study, eighteen pieces of writing: three different examples of first year law students' writing, on which six tutors had each written feedback comments, were analysed. The number, accuracy and type of comments were tabulated, and the tone and quality of the responses were evaluated against the theoretical frameworks reviewed above. A descriptive, qualitative interpretation of their commenting practice develops a detailed sense of their successes and deficiencies. The conclusions which emerged suggest that modifications to the tutors' education and training , and closer supervision/monitoring procedures would enhance the tutors' theoretical understandings, as well as their commenting practice. The value and viability of such a programme is confirmed by the empirical information, and indicates that student tutors can extend teaching resources, to provide the assistance necessary to implement intensive legal writing instruction. In a South African context, where academic literacy skills are so often deficient in first year students, a programme which builds capacity and extends limited teaching resources can be extremely beneficial. / Thesis (M.Ed.)-University of Natal, 2001.

This study was an attempt to better understand how law faculty search for and create linkages between subject matter being taught and law students’ existing (that is, prior) knowledge and experience. For faculty who do search for and create these linkages, the study can help them understand, and potentially give them access to, specific practices and resources that can support their teaching in this manner, while also helping them understand this approach to teaching. The study was informed and guided by three conceptual frames: pedagogical content knowledge, culturally framed theories of teaching and learning, and convergent teaching. The study included 14 faculty teaching first-year required classes at one of four law schools: two elite and two broad-access (two to four faculty members per campus). I collected data via a combination of interview, observation, and document analysis methods. The study’s findings are summarized as follows: First, a significant amount of participating faculty members’ first-year doctrinal teaching drew on students’ prior knowledge to support students in making connections to course material. It is possible, then, that teaching from students’ prior knowledge is common, at least in certain law schools, yet it is not acknowledged as such. Second, study participants described significant barriers to or stated concerns about the possibility of teaching in this way, including: hesitation to engage in sensitive or controversial discussions, limited instructional time, large class sizes, and a large amount of material to cover in a course. Third, teaching with attention to students’ prior knowledge is likely to be particularly challenging in subject matter areas that are distant from students’ everyday lives (though law school faculty can develop strategies for overcoming this challenge). Fourth, in study participants’ views, their institutions offered virtually no formal support for this kind of teaching to faculty wishing to engage in it. Fifth, virtually all participating faculty members identified as deeply committed to teaching in a way that draws on students’ prior knowledge worked at broad-access (non-elite) law schools, suggesting that these sites may be particularly amenable to such teaching. These faculty members also had certain characteristics in common—for example, possessing significant prior experience in full-time legal practice, being inclined to care for students and being attentive to their well-being, and having been educated themselves in non-elite law schools. The study concluded with discussion of the implications of these findings for law school institutional policy and leadership, faculty practice and professional development, future research, and theory. There was a particular focus on: (a) factors that encourage this type of teaching at broad access law schools and position such institutions as important leaders in this regard; and (b) the possibility that such teaching may help to democratize legal education in broad-access and elite institutions.