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Teaching for the 21st Century: Indigenising the Law Curriculum at UWA 21世纪的教学:西澳大学法律课程的本土化
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2020-02-27 DOI: 10.53300/001C.12080
A. Kwaymullina
The Law School and the School of Indigenous Studies at the University of Western Australia (UWA) have embarked on a project to ‘Indigenise’ the UWA Juris Doctor (JD) degree. For the purposes of the project, ‘Indigenise’ is defined as the incorporation of Indigenous knowledges, cultures and experiences throughout the JD in a way that is consistent with our Principles of Indigenisation (see Part IV below). The project began in 2018, and it is expected to take five years to develop the initial curriculum across all units of the JD. This article examines key features of the project in the context of the broader complexities of Indigenisation of curriculum. These features are: (1) an equitable and ongoing partnership between Indigenous and non-Indigenous peoples; (2) a set of best practice principles for Indigenisation; (3) a culturally competent approach; (4) a whole-of-degree basis for curriculum change; and (5) an iterative and supported process for curriculum development and delivery. The term ‘cultural competency’ can be fraught and requires exploration (see Part V below). For now it is sufficient to note that the Indigenisation Project has adopted a definition of cultural competency that consists of three key understandings. First, cultural competency is a journey not a destination; a lifelong active learning process, not a passive state of being. Second, an understanding of Indigenous peoples and contexts, along with the ability to relate to peoples and contexts in accordance with best practice principles. This must include local peoples and contexts (that is, engagement with the Indigenous peoples on whose Country an organisation exists). Third, an ability to articulate and critically engage with one’s own cultural and professional contexts.The structure of this article is reflective of the process-oriented approach taken to the project as a whole, or to put this another way, the ‘how’ informs the ‘what’. The ‘what’ of Indigenous content within any given unit arises from, and sustained by, the processes put in place by the larger project and the partnership between Indigenous and non-Indigenous peoples that underpins it. Parts III - V of this article deal with the importance of that partnership; the principles against which our content is measured; and the ways in which we are developing the cultural competence of our staff and students. These matters are placed in a broader context of their relevance to higher education and to the working environments of the 21st century (Part II). In this regard it is noted that the project is informed by a broad knowledge-base which includes decades of work on cultural competency, including in relation to curriculum development outside of law schools. The legal academy is a relative newcomer to Indigenisation, and there is much to be learned from experiences in other knowledge-disciplines as well as from work done across professional contexts. The final two sections focus more specifically on the im
西澳大学(UWA)法学院和土著研究学院启动了一项“本土化”西澳大学法学博士(JD)学位的项目。就该项目的目的而言,“本土化”被定义为以符合我们的本土化原则(见下文第四部分)的方式将本土知识、文化和经验融入JD。该项目于2018年启动,预计需要五年时间来开发JD所有单元的初始课程。本文在课程本土化的更广泛的复杂性背景下考察了该项目的主要特征。这些特征是:(1)土著人民和非土著人民之间的公平和持续的伙伴关系;(2)一套本土化的最佳实践原则;(3)具有文化竞争力的方法;(4)以整学位为基础更改课程;(5)课程开发和交付的迭代和支持过程。“文化能力”一词可能令人担忧,需要探索(见下文第五部分)。目前,本土化项目采用了由三个关键理解组成的文化能力定义,这一点足以说明。首先,文化竞争力是一段旅程,而不是目的地;终身主动学习的过程,而不是被动的存在状态。第二,了解土著人民和土著环境,并具备根据最佳做法原则与土著人民和环境建立联系的能力。这必须包括当地人民和背景(也就是说,与组织所在国家的土著人民接触)。第三,有能力表达和批判性地参与自己的文化和专业背景。本文的结构反映了整个项目所采用的面向过程的方法,或者换句话说,“如何”告知“是什么”。在任何给定的单元中,土著内容的“内容”来自于更大的项目所实施的过程,并由支撑该项目的土著和非土著人民之间的伙伴关系来维持。本条第三至第五部分论述这种伙伴关系的重要性;衡量我们的内容的原则;以及我们培养员工和学生文化能力的方式。这些问题被置于与高等教育和21世纪工作环境相关的更广泛的背景下(第二部分)。在这方面,值得注意的是,该项目由广泛的知识库提供信息,其中包括数十年的文化能力工作,包括与法学院以外的课程开发有关的工作。法律学院在本土化方面相对较晚,从其他知识学科的经验以及跨专业背景的工作中可以学到很多东西。最后两个部分更具体地关注在我们的JD学位中实施土著内容。与面向过程的方法一致,课程不是预先确定的,而是从土著和非土著人民共同努力的专门知识中产生的,以具有文化能力的方法为依据,并根据最佳做法原则进行衡量。第六部分和第七部分讨论了如何在整个学位和单个单元水平上实现这一目标。
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引用次数: 3
Developing Students’ Sense of Autonomy, Competence and Purpose Through a Clinical Component in Ethics Teaching 通过伦理学教学中的临床成分培养学生的自主意识、能力意识和目标意识
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2019-09-04 DOI: 10.53300/001c.10224
Anna Cody
ABSTRACTThis article examines empirical research which surveyed 69 legal ethics students, and analyses the impact of a short clinical experience on students’ confidence in their later legal studies. It connects the importance of providing meaningful experiences to law students in their degree program in order to build their sense of purpose and intrinsic motivation. While an entire clinical course would be expected to impact positively on students’ confidence and sense of purpose, it is a new finding that even a short clinical experience can have this effect. Building in experiences which reinforce students’ sense of purpose and competence has the potential to support students’ intrinsic motivation for law students studying law. This has flow on impacts for students’ mental health and ability to successfully complete their studies.
摘要本文对69名法律伦理学专业学生进行了实证研究,并分析了短期临床经验对学生后期法律学习信心的影响。它将在学位课程中为法学院学生提供有意义的体验的重要性联系起来,以培养他们的目标感和内在动机。虽然整个临床课程预计会对学生的信心和目标感产生积极影响,但新发现,即使是短暂的临床经验也会产生这种影响。建立强化学生目标感和能力的经验有可能支持学生学习法律的内在动机。这对学生的心理健康和成功完成学业的能力产生了影响。
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引用次数: 1
How to Encourage Student Voice: Obtaining Effective Feedback from Law Students in Course Evaluation 如何鼓励学生发声:在课程评价中获得法律学生的有效反馈
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2019-09-04 DOI: 10.53300/001c.10225
Vicci Y.J. Lau
Effective feedback allows teachers to review, reflect and improve their teaching practices. Students’ feedback is key to teachers’ reflection as they are an important stakeholder in the teaching and learning community. In order for students’ feedback to foster teachers’ critical self-reflection, it is crucial to establish an appropriate opportunity and method to motivate students to provide effective feedback. This article seeks to investigate whether mid-term student evaluations, which are conducted in the middle of the term when the course is taught half-way through, provide a potentially better or alternative opportunity in obtaining honest and effective student feedback so that teachers can hear student voice. This article reports on the findings of an empirical study on both the students’ and teachers’ perceptions on mid-term student evaluations implemented in a few post-graduate law courses at The University of Hong Kong. A total of 73 students and 9 teachers participated in and completed the surveys of this study during the academic years of 2017-2019. The findings suggest that the key factors in motivating the students to provide honest feedback through the mid-term student evaluations are the perceived benefit to the students themselves and their belief that their teachers care about their feedback. This article argues that mid-term student evaluations advance perceived caring of the teachers by showing that the teachers are empathetic, understand and respect students’ views, and are responsive and react to student needs when they listen to what the students say. The findings suggest, however, that the teachers did not perceive the mid-term student evaluations as positively as the students, but the teacher participants believed that they had received generally constructive feedback from their students through mid-term student evaluations. Based on the results of empirical analysis, this article proposes a ‘motivation-driven student evaluation cycle’ which provides a more comprehensive model in setting out the crucial and ideal steps in a student evaluation process to achieve enhancement in students’ learning and teachers’ teaching effectiveness. If both the students and the teachers have more motivation to participate in this evaluation cycle through mid-term student evaluations, then mid-term student evaluations will be instrumental in enhancing teaching and learning.
有效的反馈可以让教师回顾、反思和改进他们的教学实践。学生的反馈是教师反思的关键,因为他们是教与学共同体的重要利益相关者。为了让学生的反馈促进教师的批判性自我反思,建立适当的机会和方法来激励学生提供有效的反馈是至关重要的。这篇文章试图调查期中学生评估是否提供了一个潜在的更好的或替代的机会,以获得诚实和有效的学生反馈,以便教师能够听到学生的声音。期中学生评估是在学期中期进行的,当时课程已经进行了一半。本文报告了一项实证研究的结果,即在香港大学的一些研究生法律课程中,学生和教师对期中学生评价的看法。在2017-2019学年,共有73名学生和9名教师参与并完成了本研究的调查。本研究发现,促使学生在期中评鉴中提供诚实评鉴的关键因素是学生对自身利益的感知,以及学生相信老师会关心他们的评鉴。本文认为,通过显示教师的同理心,理解和尊重学生的观点,并在听取学生的意见时对学生的需求作出回应和反应,中期学生评价提高了教师的感知关怀。然而,研究结果表明,教师并不像学生那样积极地看待期中学生评价,但教师参与者认为他们通过期中学生评价从学生那里得到了总体上建设性的反馈。基于实证分析的结果,本文提出了一个“动机驱动的学生评价周期”,它为学生评价过程中关键和理想的步骤提供了一个更全面的模型,以实现学生学习和教师教学效果的提高。如果通过期中学生评价,学生和教师都有更多的动机参与到这个评价周期中来,那么期中学生评价将有助于促进教与学。
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引用次数: 1
Use of E-exams in High Stakes Law School Examinations: Student and Staff Reactions 在高风险法学院考试中使用电子考试:学生和教职员的反应
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2019-06-27 DOI: 10.53300/001c.9461
A. Steel, L. B. Moses, J. Laurens, Charlotte Brady
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引用次数: 3
Situating Statutory Interpretation in its Public Law Context 法定解释在公法语境中的定位
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2019-06-24 DOI: 10.53300/001c.9382
J. Boughey, L. Crawford
Law teachers have debated whether teaching statutory interpretation as a distinct body of law requires that it be taught as a stand-alone subject, or whether it is best to ‘embed’ statutory interpretation within other subjects. There are benefits and problems with both approaches. In addition, there is the question of where in a degree to place a unit on statutory interpretation. In this paper we argue that statutory interpretation can be seen as a distinct and core component of public law. We argue that it is different to, but interconnected with, the other public law subjects of constitutional and administrative law. As such, we suggest that one method of teaching statutory interpretation is to teach it alongside foundational public law concepts and principles in a first-year unit. In our experience, teaching statutory interpretation in this way overcomes several of the common challenges that academics have reported in teaching statutory interpretation.
法律教师一直在争论,将法定解释作为一个独特的法律体系进行教学是否需要将其作为一门独立的学科进行教学,或者是否最好将法定解释“嵌入”其他学科中。这两种方法都有好处,也有问题。此外,还有一个问题,即在何种程度上可以将一个单位置于法定解释之上。在本文中,我们认为法定解释可以被视为公法的一个独特的核心组成部分。我们认为,它与宪法和行政法的其他公法主体不同,但相互关联。因此,我们建议,教授法定解释的一种方法是在一年级单元中与基本公法概念和原则一起教授。根据我们的经验,以这种方式教授法定解释克服了学术界在教授法定解释方面报告的几个常见挑战。
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引用次数: 0
Editorial 社论
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2019-06-20 DOI: 10.53300/001c.9771
Kate Galloway
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引用次数: 0
Special Issue Editorial 特刊社论
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2019-06-20 DOI: 10.53300/001c.9770
Marcelle J. Burns
Extract: Over the past thirty years the need for legal professionals to become culturally competent have been repeated in numerous reports and inquiries. The Indigenous Cultural Competency for Legal Academics Program (ICCLAP) was designed to address this apparent gap in legal education. Led by a team of Indigenous legal academics - the project’s core aims were to consult with Aboriginal and Torres Strait Islander legal services, key stakeholders and legal academics to conceptualise what ICC means in the context of legal education; identify knowledge gaps, professional development needs, and guiding principles for embedding ICC; develop workshops and resources for legal academics; and foster a community of practice to support the embedding of ICC in law curricula.
摘录:在过去的三十年里,法律专业人员需要具备文化能力的问题在许多报告和询问中反复出现。土著法律学术文化能力计划(ICCLAP)旨在解决法律教育中的这一明显差距。在土著法律学者团队的领导下,该项目的核心目标是与土著和托雷斯海峡岛民法律服务部门、主要利益相关者和法律学者协商,以概念化国际刑事法院在法律教育中的含义;确定知识差距、专业发展需求和嵌入ICC的指导原则;为法律学者开发讲习班和资源;建立一个实践社区,支持将国际刑事法院纳入法律课程。
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引用次数: 0
Mirror, Mirror on the Wall, who is the Fairest of them All? 魔镜,魔镜,谁是世界上最美丽的人?
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2019-03-28 DOI: 10.53300/001c.7740
A. Wood, N. Watson
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引用次数: 0
Do Law Clinics Need Trigger Warnings? Philosophical, Pedagogical and Practical Concerns 法律诊所需要触发警告吗?哲学、教育学和实践问题
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2019-03-14 DOI: 10.53300/001c.7671
Kate Seear
In recent years, there has been growing concern about poor mental health and wellbeing of both law students and those in the profession. These concerns have been building for the last two to three decades, and have gathered pace in the last few. As concerns about the impact of lawyering on those in the profession have grown, a separate but related set of developments have been unfolding across universities. Universities all over the world have been developing a heightened awareness of student needs, sensitivities and mental health, and have been considering how teaching methods, materials and styles may impact these. As part of this, a number of North American universities have begun to grapple with the question of whether content to which students are exposed in their degree should contain a ‘trigger warning’. A trigger warning is a cautionary note designed to alert students to potentially sensitive material in a syllabus, and which may, in some circumstances, allow them to be exempted from course content. Trigger warnings have generated significant debate in the United States academy. In other parts of the world, such as Australia, these debates are also gathering pace, with the appropriateness of trigger warnings for clinical legal education now also being considered. This paper explores whether trigger warnings are necessary in clinical legal education. This paper unfolds in three parts. First, drawing upon theoretical concerns about the politics of emotion, including ideas from Sara Ahmed and Judith Butler, I consider the philosophical and conceptual aspects of trigger warnings, including the dangers of academics defining which content is ‘triggering’ and which is not. Second, I explore some of the pedagogical implications that would flow from the use of trigger warnings in law clinics. Third, I examine some of the practical implications of the deployment of trigger warnings in clinics. I argue that academics should be cautious about calls to impose trigger warnings in clinical legal education, because they introduce a series of major philosophical, practical and pedagogical problems. I also argue that although trigger warnings may appear, on the face of it, to align with the values that many clinicians would see as being at the heart of clinical legal education, including social justice, respect for clients, minorities and disadvantaged populations, trigger warnings have the potential to paradoxically instantiate power dynamics, to entrench injustice, and to foreclose intellectual curiosity. They also have a series of implications for the ethics and politics of legal practice, some of which I consider to be both substantial and antithetical to the proper practice of clinical legal education.
近年来,人们越来越关注法律专业学生和从业人员的心理健康状况。这些担忧在过去的二三十年中一直在积累,并在过去几年中加快了步伐。随着人们对律师行业影响的担忧日益加剧,大学里出现了一系列独立但相关的事态发展。世界各地的大学一直在提高对学生需求、敏感性和心理健康的认识,并一直在考虑教学方法、材料和风格如何影响这些。作为其中的一部分,许多北美大学已经开始努力解决一个问题,即学生在学位课程中接触的内容是否应该包含“触发警告”。触发警告是一种警示性提示,旨在提醒学生注意教学大纲中可能存在的敏感内容,在某些情况下,这可能使他们免于学习课程内容。触发警告在美国学术界引起了激烈的争论。在世界其他地区,如澳大利亚,这些辩论也在加快步伐,现在也在考虑是否适合临床法律教育的触发警告。本文探讨了在临床法学教育中触发警告是否必要。本文分三部分展开。首先,借鉴对情感政治的理论关注,包括Sara Ahmed和Judith Butler的观点,我考虑了触发警告的哲学和概念方面,包括学者定义哪些内容是“触发”,哪些不是的危险。其次,我探讨了在法律诊所使用触发警告会产生的一些教学意义。第三,我研究了在诊所部署触发警告的一些实际意义。我认为,学者们应该对在临床法律教育中施加触发警告的呼吁持谨慎态度,因为它们会带来一系列重大的哲学、实践和教学问题。我还认为,虽然从表面上看,触发警告可能与许多临床医生认为是临床法律教育核心的价值观一致,包括社会正义,尊重客户,少数民族和弱势群体,但触发警告有可能矛盾地实例化权力动态,巩固不公正,并排除求知欲。它们对法律实践的伦理和政治也有一系列的影响,其中一些我认为是实质性的,与临床法律教育的适当实践是对立的。
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引用次数: 0
Alert but not Alarmed: A Response to Parker’s Critique of Wellbeing Scholarship in Law 警惕而不警惕:回应帕克对法律福利奖学金的批评
IF 0.3 Q3 EDUCATION & EDUCATIONAL RESEARCH Pub Date : 2019-03-14 DOI: 10.53300/001c.7672
C. Carroll
This article explores the wellbeing of law students. In Australia, empirical research has consistently indicated that law students experience elevated levels of psychological distress. Christine Parker has critiqued wellbeing scholarship, questioning empirical research methodologies, reporting style and data analysis. She contends that wellbeing scholars are facilitating a 'moral panic'. Her concern is that wellbeing is being individualised to the extent that important social, political and economic problems are being ignored. Consequently, she proposes that traditional legal ethics discourse, and the concept of 'sociological imagination', offer potential as universal wellbeing interventions.This article contends that Parker has misinterpreted the position of wellbeing scholars. It argues that wellbeing scholars operate according to a more complex conceptual framework than she suggests. It proposes that Parker’s exploration of the empirical evidence is incomplete, and that her criticism of the research methodologies is unjustified. It suggests that theories regarding the cause of law student psychological distress are most potent when regarded as additive. It proposes that both wellbeing scholars and legal ethics scholars should explicitly promote a conception of a lawyer who is both psychologically healthy and supported by a community directed towards a meaningful public purpose.
这篇文章探讨了法律专业学生的福利。在澳大利亚,实证研究一致表明,法律系学生的心理困扰程度较高。克里斯汀·帕克(Christine Parker)批评了福利学术,质疑实证研究方法、报告风格和数据分析。她认为,福利学者正在助长一种“道德恐慌”。她担心的是,幸福感正在被个人化,以至于重要的社会、政治和经济问题被忽视。因此,她提出,传统的法律伦理话语和“社会学想象”的概念,提供了作为普遍福祉干预的潜力。这篇文章认为,帕克误解了福利学者的立场。它认为,幸福学者根据一个比她所建议的更复杂的概念框架来运作。它提出帕克对经验证据的探索是不完整的,她对研究方法的批评是不合理的。这表明,有关法律专业学生心理困扰原因的理论在被视为附加因素时是最有效的。它建议,福利学者和法律伦理学者都应该明确提倡一种概念,即律师既心理健康,又得到社区的支持,以实现有意义的公共目标。
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引用次数: 0
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Legal Education Review
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