Transformative, troublesome and liminal: does the presentation of legal reasoning in the legal studies curricula in higher education institutions satisfy the characteristics of a threshold concept?

IF 16.4 1区化学 Q1 CHEMISTRY, MULTIDISCIPLINARY Accounts of Chemical Research Pub Date : 2022-07-28 DOI:10.1080/03069400.2022.2101086

K. Yin, Carmela De Maio

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Abstract

ABSTRACT A threshold concept is a crucial concept in learning whose defining characteristics are that it is transformative but sometimes troublesome to achieve. Legal reasoning has been viewed as a threshold concept in the legal studies curricula of higher education institutions which law students must master and, in some universities, is prescribed as a threshold graduate outcome for them to achieve. Referring to the formalistic model of legal reasoning, known as IRAC (issue, rule, application, conclusion) or similar acronyms, the question addressed in this paper is whether this method for legal reasoning is appropriate to lead towards the satisfaction of the characteristics of a threshold concept in legal studies. Through an in-depth examination of the literature on the three, primary characteristics that define a threshold concept: that it is “transformative, troublesome, and liminal”, it will be posited that use of the formalistic variant of IRAC is not suitable for the acquisition of legal reasoning skills. Rather, it is argued that a model underpinned by legal syllogism better aligns with these three characteristics of a threshold concept and with how law students might solve legal problems in the real world.

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变革性、麻烦性和阈限性:高等教育机构法律研究课程中法律推理的呈现是否符合阈值概念的特征?

阈值概念是学习中的一个关键概念，其定义特征是具有变革性，但有时难以实现。在高等教育机构的法律研究课程中，法律推理一直被视为法律学生必须掌握的一个门槛概念，在一些大学中，法律推理被规定为他们必须达到的一个门槛毕业成果。参考法律推理的形式主义模型，即IRAC (issue, rule, application, conclusion)或类似的缩写词，本文要解决的问题是，这种法律推理方法是否适合导致法律研究中阈值概念的特征得到满足。通过对定义阈值概念的三个主要特征的文献的深入研究:它是“变革性的、麻烦的和有限的”，我们将假设使用IRAC的形式变体不适合获得法律推理技能。相反，有人认为，以法律三段论为基础的模型更符合阈值概念的这三个特征，也更符合法律学生在现实世界中解决法律问题的方式。

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来源期刊

Accounts of Chemical Research 化学-化学综合

CiteScore

31.40

自引率

1.10%

发文量

312

审稿时长

2 months

期刊介绍： Accounts of Chemical Research presents short, concise and critical articles offering easy-to-read overviews of basic research and applications in all areas of chemistry and biochemistry. These short reviews focus on research from the author’s own laboratory and are designed to teach the reader about a research project. In addition, Accounts of Chemical Research publishes commentaries that give an informed opinion on a current research problem. Special Issues online are devoted to a single topic of unusual activity and significance. Accounts of Chemical Research replaces the traditional article abstract with an article "Conspectus." These entries synopsize the research affording the reader a closer look at the content and significance of an article. Through this provision of a more detailed description of the article contents, the Conspectus enhances the article's discoverability by search engines and the exposure for the research.