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Empirical legal studies in the law school curriculum in the Netherlands: what is the state of the art and where do we go from here? 荷兰法学院课程中的实证法学研究:目前的现状是什么?我们的方向是什么?
IF 0.8 Q2 Social Sciences Pub Date : 2022-02-07 DOI: 10.1080/03069400.2021.2022391
E. Pannebakker, H. Pluut, S. Voskamp, W.S. de Zanger
ABSTRACT This paper describes and discusses the portfolio of courses in which empirical legal research skills are currently taught to law students in the Netherlands. It results from an in-depth country-wide study we undertook as part of a project supported by the Dutch Research Council (NWO) in view of the growing attention to empirical legal studies (ELS). The paper concludes with a reflection on the future of ELS education in the Netherlands.
摘要本文介绍并讨论了荷兰法律专业学生目前正在教授的实证法律研究技能的课程组合。鉴于对实证法律研究的日益关注,我们作为荷兰研究委员会(NWO)支持的一个项目的一部分进行了一项深入的全国性研究,得出了这一结论。论文最后对荷兰ELS教育的未来进行了反思。
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引用次数: 1
The Legal Judgment: A Novel Twist on the Classic Law School Problem Question 法律裁判:对经典法学院问题的一种新颖的扭曲
IF 0.8 Q2 Social Sciences Pub Date : 2022-01-17 DOI: 10.1080/03069400.2021.2000232
Patrick R. Goold
ABSTRACT In recent years, educators have sought to diversify the types of assessment used in the legal curriculum. This article introduces a novel form of assessment: the legal judgment. Much like a classic “problem question”, a “legal judgment” presents students with a factual scenario to analyse. However, rather than ask students to provide legal advice, the legal judgment asks students to decide the case by issuing a written judgment. This article showcases this form of assessment while exploring its advantages and challenges. The article argues that this novel twist on the classic law school problem question helps students to develop higher-order legal reasoning abilities, is more intellectually inspiring than the classic problem question, and encourages students to truly “think like lawyers”.
摘要近年来,教育工作者试图使法律课程中使用的评估类型多样化。本文介绍了一种新颖的评估形式:法律判决。就像经典的“问题题”一样,“法律判决”为学生提供了一个需要分析的事实场景。然而,法律判决书并没有要求学生提供法律咨询,而是要求学生通过发布书面判决书来决定案件。本文展示了这种评估形式,同时探讨了它的优势和挑战。文章认为,这种对法学院经典问题的新颖扭曲有助于学生培养更高层次的法律推理能力,比经典问题更具智力启发性,并鼓励学生真正“像律师一样思考”。
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引用次数: 0
Harnessing the winds of change 驾驭变革之风
IF 0.8 Q2 Social Sciences Pub Date : 2022-01-02 DOI: 10.1080/03069400.2021.2005971
Anne Macduff, Vivien Holmes
ABSTRACT Emerging scholarship demonstrates that the curriculum can have a positive impact on student wellbeing. Indeed, a well-designed and delivered curriculum may serve a protective function, bolstering the wellbeing of students in the classroom when life outside is full of pressures and stressors. This is good news. It suggests that educators concerned about student wellbeing can make a positive difference by focusing on educational design principles and developing sound teaching practices. There are already a number of high-quality, web-based resources designed to assist educators in this task. One important issue yet to be explored concerns the barriers teachers experience in implementing curriculum change and how to overcome them. This article evaluates the effectiveness of a “Wellbeing in the Curriculum Tool” at an Australian law school. We argue that if we wish to improve law student wellbeing, the way that the message of change is delivered needs to be as enhancing of wellbeing as the content.
摘要新兴学术表明,课程可以对学生的健康产生积极影响。事实上,当外面的生活充满压力和压力时,精心设计和提供的课程可能会起到保护作用,增强学生在课堂上的幸福感。这是个好消息。它表明,关注学生福祉的教育工作者可以通过关注教育设计原则和发展良好的教学实践来产生积极的影响。已经有许多高质量的网络资源旨在帮助教育工作者完成这项任务。一个有待探讨的重要问题是教师在实施课程改革时遇到的障碍以及如何克服这些障碍。本文评估了澳大利亚法学院“课程中的幸福工具”的有效性。我们认为,如果我们希望改善法学院学生的幸福感,那么传递变革信息的方式需要与内容一样提高幸福感。
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引用次数: 0
“I was able to ask for help when I became stressed rather than sitting alone and struggling”: psychology and law students’ views of the impact of identity and community on mental wellbeing “当我感到压力时,我可以寻求帮助,而不是独自坐着挣扎”:心理学和法学学生对身份和社区对心理健康影响的看法
IF 0.8 Q2 Social Sciences Pub Date : 2022-01-02 DOI: 10.1080/03069400.2021.2020507
M. Fay, Yvonne Skipper
ABSTRACT People derive a sense of self from membership of social groups. Universities consist of many different groups and provide a significant opportunity to explore how group memberships can affect mental wellbeing. A key university group is students’ school of study, membership of which enables individuals to develop an academic identity. We argue that a strong sense of belonging, and thus academic identity, within the school community can lead to positive mental wellbeing. We focus on belonging within academic schools because the positive impact of group membership is likely to exist to a greater degree in an academic school than in other university communities. We conducted online focus groups with 21 undergraduate students studying either law or psychology at a research-intensive university. Our aim was to explore their academic identity and belonging within their academic school of study, and how these variables affected their mental wellbeing. Our thematic analysis indicates that students with strong identities, who feel a sense of belonging in their school community – particularly among peers – display greater help-seeking behaviours in difficult times. If peers are viewed negatively, students are less forthcoming when in need of support. Promoting peer support is therefore a way of improving student mental wellbeing.
摘要人们从社会群体的成员身份中获得自我意识。大学由许多不同的群体组成,为探索群体成员如何影响心理健康提供了重要的机会。一个重要的大学群体是学生学院,其成员身份使个人能够发展学术身份。我们认为,学校社区中强烈的归属感,以及由此产生的学术认同感,可以带来积极的心理健康。我们关注学院内部的归属感,因为团体成员的积极影响在学院中可能比在其他大学社区更大程度上存在。我们对21名在研究密集型大学学习法律或心理学的本科生进行了在线焦点小组。我们的目的是探索他们的学术身份和在学术学院中的归属感,以及这些变量如何影响他们的心理健康。我们的主题分析表明,身份认同感强的学生,在学校社区中有归属感,尤其是在同龄人中,在困难时期表现出更大的求助行为。如果同龄人被负面看待,学生在需要支持时就不那么主动了。因此,促进同伴支持是改善学生心理健康的一种方式。
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引用次数: 0
Is using the term wellbeing with students a mistake? Evaluating a wellbeing intervention in a UK Law School - suggestions for repositioning strategies to address the impact of deficit-discourse 用“幸福”这个词来形容学生是个错误吗?评估英国法学院的福利干预-重新定位策略的建议,以解决赤字话语的影响
IF 0.8 Q2 Social Sciences Pub Date : 2022-01-02 DOI: 10.1080/03069400.2022.2030955
D. Meyer, Caroline Strevens
ABSTRACT This paper evaluates a curriculum-based and student co-created approach to improving student wellbeing and psychological resilience in a law school. The pilot employed an enhanced pedagogic framework informed by an evidence-based psychological literacy model compatible with self-determination theory (SDT). Level 4 students were introduced to a simple psychological model for recognising the role of emotion regulation in successful learning and the relevance to this of developing supportive connections and a sense of belonging within an inclusive learning community. Student “Wellbeing Champions” received further peer support and leadership training referencing this model and were then supported in developing the role primarily through community-building initiatives. Staff were also issued with a bespoke “Student Success” framework, encouraging them to support student motivation and success by incorporating activities for building relationships, creating a sense of community and belonging with safety to make mistakes, and scaffolding understanding of assessment and feedback. Recognising the limiting positions offered within a medicalised or deficit-focused narrative about wellbeing and mental health, the findings evaluate the effectiveness of the repositioning strategies represented within the pilot interventions, including a focus on learning success and leadership.
摘要本文评估了一种基于课程和学生共同创造的方法,以提高法学院学生的幸福感和心理弹性。试点采用了一个强化的教学框架,该框架以符合自决理论的循证心理素养模型为基础。向四年级学生介绍了一个简单的心理模型,用于认识情绪调节在成功学习中的作用,以及在包容性学习社区中发展支持性联系和归属感的相关性。学生“幸福冠军”参考这一模式得到了进一步的同行支持和领导力培训,然后主要通过社区建设举措获得了发展这一角色的支持。工作人员还获得了一个定制的“学生成功”框架,鼓励他们通过结合建立关系的活动来支持学生的动机和成功,创造一种社区感和归属感,确保犯错的安全,并建立对评估和反馈的理解。认识到在关于幸福感和心理健康的医学化或以赤字为重点的叙述中提供的限制性立场,研究结果评估了试点干预措施中所代表的重新定位策略的有效性,包括对学习成功和领导力的关注。
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引用次数: 0
“Hell is other people”: rethinking the Socratic method for quiet law students “地狱就是别人”:对安静的法学院学生苏格拉底式教学法的反思
IF 0.8 Q2 Social Sciences Pub Date : 2022-01-02 DOI: 10.1080/03069400.2021.2005305
Rachel Spencer
ABSTRACT This article is a reflective analysis of my own teaching methodology arising from my experience with teaching quiet law students, and reconciling this experience with a statement in Martin Seligman’s Flourish, his best-selling work about positive psychology. Seligman asserts that Jean Paul Sartre’s famous line “Hell is other people” in his play No Exit seems “wrongheaded” and “almost meaningless” today. This article will argue that Seligman’s comments about Sartre’s existentialist angst are the views of an extrovert. This article argues that much of the teaching in legal education today relies on the assumption that law students are extroverts, when the opposite is in fact often the case. It argues that catering only to extroverts is inappropriate. It explores the idea that pushing an aggressive agenda through the Socratic method of teaching diminishes the development of less aggressive legal techniques to resolve problems and ignores the learning needs of students with personalities that tend towards introversion. It argues that the Socratic method of teaching perpetuates a culture that has no place in modern legal practice. It also suggests that progressive approaches to law and dispute resolution require more contemplation, more active listening and less aggressive advocacy, and draws on the work of Susan Cain to demonstrate that recognising the needs and strengths of introverts is important in this process.
摘要这篇文章是对我自己的教学方法的反思性分析,我从教安静的法律学生的经历中得到了启发,并将这一经历与马丁·塞利格曼关于积极心理学的畅销作品《繁荣》中的一句话相调和。塞利格曼断言,让-保罗·萨特在他的戏剧《无出口》中的著名台词“地狱是其他人”在今天看来是“错误的”和“几乎毫无意义”。本文认为塞利格曼对萨特存在主义焦虑的评论是一个外向者的观点。本文认为,当今法律教育中的大部分教学都依赖于这样一种假设,即法律专业的学生是外向的,而事实往往恰恰相反。它认为只迎合外向的人是不合适的。它探讨了这样一种观点,即通过苏格拉底式的教学方法推行激进的议程,会减少解决问题的不那么激进的法律技术的发展,并忽视性格内向的学生的学习需求。它认为苏格拉底式的教学方法延续了一种在现代法律实践中没有立足之地的文化。它还表明,法律和纠纷解决的渐进方法需要更多的思考、更积极的倾听和更少的积极倡导,并借鉴苏珊·凯恩的工作来证明,在这一过程中,认识到内向者的需求和优势很重要。
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引用次数: 2
“Make glorious mistakes!” Fostering growth and wellbeing in HE transition “犯光荣的错误!”促进高等教育转型中的增长和福祉
IF 0.8 Q2 Social Sciences Pub Date : 2022-01-02 DOI: 10.1080/03069400.2021.2010406
Stella Coyle, Hannah Gibbons-Jones
ABSTRACT This paper uses Keele’s Legal Essentials module as a case study to evaluate how curriculum design can promote wellbeing in first-year law students, by supporting their transition to higher education and fostering a sense of belonging to the Law School community. Module design is grounded in recognition that the orientation process for new law students should emphasise the importance of wellbeing1 and that wellbeing initiatives are most effective when integrated into the curriculum.2 Legal Essentials aims to give new law students an early experience of a community grounded in collaboration and authentic critical engagement, where risk-taking is fostered and supported. Module delivery incorporates co-teaching and panel-style discussions, including more senior students and members of the wider legal world. Academics, students, and professionals thereby share their own experiences of learning, practice, and wellbeing, modelling a community where vulnerability is not a weakness and collaboration is encouraged.
摘要本文以Keele的Legal Essentials模块为案例研究,评估课程设计如何通过支持法学院一年级学生向高等教育的过渡和培养他们对法学院社区的归属感来促进他们的幸福感。模块设计的基础是认识到,新法律系学生的入职指导过程应强调幸福的重要性1,并且将幸福举措融入课程中是最有效的。2《法律要点》旨在让新法律系的学生尽早体验到一个以合作和真正的批判性参与为基础的社区,鼓励和支持冒险。模块交付包括联合教学和小组式讨论,包括更多的高年级学生和更广泛的法律界成员。因此,学术界、学生和专业人士分享他们自己的学习、实践和幸福经历,塑造一个脆弱性不是弱点、鼓励合作的社区。
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引用次数: 1
Legal education for wellbeing: design, delivery and evaluation 福利法律教育:设计、实施和评估
IF 0.8 Q2 Social Sciences Pub Date : 2022-01-02 DOI: 10.1080/03069400.2022.2033494
E. Jones, Caroline Strevens
Over the past five or so years, it has become almost trite to refer to the significant wellbeing issues which arise within higher education among both the student body generally and law students in particular. In the UK, the increasing acknowledgement of these issues is demonstrated by the publication of the Universities UK Step Change: Mentally Healthy Universities Framework and the University Mental Health Charter. Both of these advocate a “whole university” approach to wellbeing, viewing wellbeing as fundamental to all aspects of university life, not just those traditionally viewed as pastoral in nature. The starting point for this special issue is that it is vital for law schools to adjust to this “whole university” approach in the way they design, deliver and evaluate their teaching, foster learning, interact with their students and facilitate their students’ experience. Whilst mental health, wellbeing and other pastoral services have a crucial role to play in higher education, they are not sufficient on their own. Neither are generic central policies and processes for recognition of wellbeing as a curricular matter. An effective “whole university” approach also requires each individual school and department to consider how to acknowledge the value of wellbeing and integrate it into the curriculum in an evidence-based and sustainable manner appropriate to their discipline. For law schools in particular, there is a rich body of international evidence demonstrating that the culture, norms and approaches common in legal studies can be potentially harmful to student wellbeing. As a result there is a strong ethical imperative upon them to address their role in this as part of implementing such a “whole university” approach. Given the bi-directional relationship between wellbeing and
在过去五年左右的时间里,提及高等教育中出现的学生群体,尤其是法律专业学生的重大幸福问题,几乎已经变得老生常谈。在英国,《英国大学变革:心理健康大学框架》和《大学心理健康宪章》的出版表明,人们越来越认识到这些问题。这两人都提倡“整个大学”的幸福观,将幸福视为大学生活各个方面的基础,而不仅仅是那些传统上被视为田园性质的人。这期特刊的出发点是,法学院在设计、交付和评估教学、促进学习、与学生互动以及促进学生体验方面,必须适应这种“全大学”的方法。虽然心理健康、福利和其他牧业服务在高等教育中发挥着至关重要的作用,但仅靠它们是不够的。两者都不是将福祉作为课程事项加以承认的一般性中央政策和程序。有效的“整所大学”方法还要求每个学校和部门考虑如何承认幸福感的价值,并以适合其学科的循证和可持续的方式将其纳入课程。特别是对于法学院来说,有大量国际证据表明,法律研究中常见的文化、规范和方法可能对学生的健康有害。因此,作为实施这种“整所大学”方法的一部分,他们有强烈的道德义务来解决自己在这方面的角色。考虑到幸福感和
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引用次数: 2
The role of employer/educator collaboration in improving the wellbeing of lawyers 雇主/教育工作者合作在改善律师福利方面的作用
IF 0.8 Q2 Social Sciences Pub Date : 2021-12-15 DOI: 10.1080/03069400.2021.2005348
Nigel Jones
ABSTRACT Well before Covid struck, wellbeing was already being taken seriously by organisations involved in both the education and employment of lawyers. Both groups were looking for ways to help lawyers keep themselves well, build their personal resilience and help them thrive in the profession. The crisis has added further impetus to those endeavours, and made wellbeing an even higher priority. This paper considers whether the chances of achieving those objectives would be increased if the two stakeholder groups collaborated more effectively, and what that collaboration might look like. Its focus is on the UK profession. It is written from the employer perspective, in particular that of large law firms based in the City of London. And it is primarily based on the first-hand experience of the author. It also considers the approach of other employers and the broader stakeholder community (including in the third sector), based on personal communications and published literature. It explains why those employers are taking lawyer wellbeing more seriously, what steps they have taken and which they believe are having a positive impact, and how the training of their future employees might be changed in order to help maintain their health. Its objective is to promote debate between educators and employees about what better collaboration might look like.
早在新冠疫情爆发之前,从事律师教育和就业的组织就已经开始认真对待福利问题。这两组人都在寻找帮助律师保持健康、建立个人适应能力并帮助他们在这个行业中茁壮成长的方法。这场危机进一步推动了这些努力,并使福祉成为更重要的优先事项。本文考虑如果两个利益相关者群体更有效地合作,实现这些目标的机会是否会增加,以及这种合作可能是什么样子的。它的重点是英国的职业。本书是从雇主的角度出发,尤其是从伦敦金融城(City of London)大型律师事务所的角度出发。它主要是基于作者的第一手经验。它还考虑了其他雇主和更广泛的利益相关者社区(包括第三部门)的做法,基于个人沟通和已发表的文献。它解释了为什么这些雇主更重视律师的健康,他们采取了哪些措施,他们认为哪些措施产生了积极的影响,以及如何改变对未来雇员的培训,以帮助保持他们的健康。它的目标是促进教育工作者和员工之间关于更好的合作是什么样子的辩论。
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引用次数: 0
Open book examinations: modifying pedagogical practices for effective teaching and learning 开卷考试:修改教学实践以实现有效教学
IF 0.8 Q2 Social Sciences Pub Date : 2021-12-02 DOI: 10.1080/03069400.2021.1999151
Daniel Bansal
ABSTRACT In response to the Covid-19 pandemic, law schools in England and Wales hastily moved their learning and teaching and assessments online to ensure that students could continue with their studies with the least amount of disruption to their education and schedules as possible. One consequence of this emergency change was that, although assessments were now online and (mostly) un-proctored, they became open-book examinations (OBEs) in the process. Unfortunately, because of the short timescale in which these changes had to be implemented, there is a risk that these OB examinations are assessing closed-book examination (CBE) pedagogy. This article argues that if academic staff retain pre-existing learning and teaching materials, initially designed for CBE, but then examine students by OBE, this will only bring the disbenefits of both CBE and OBE; academic staff need to review the design, assessment, guidance, formative assessments, and delivery of modules to ensure that they align with this mode of examination. This article provides some guidance for law schools on these matters drawing on the pedagogical theory on OBE.
为应对Covid-19大流行,英格兰和威尔士的法学院匆忙将他们的学习、教学和评估转移到网上,以确保学生能够在尽可能少地中断他们的教育和时间表的情况下继续学业。这一紧急变化的一个后果是,尽管现在的评估是在线的,而且(大部分)没有监考,但在这个过程中,它们变成了开卷考试(obe)。不幸的是,由于这些变化必须在短时间内实施,因此存在这些OB考试评估闭卷考试(CBE)教学法的风险。本文认为,如果学术人员保留原有的、最初为CBE设计的学习和教学材料,然后用OBE来检验学生,这只会带来CBE和OBE的弊端;学术人员需要审查模块的设计、评估、指导、形成性评估和交付,以确保它们与这种考试模式保持一致。本文借鉴了出窍的教育学理论,为法学院校在这些问题上提供了一些指导。
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引用次数: 0
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Law Teacher
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