Law,Learning, Technology: Reiving Ower the Borders

Serious consideration of our students' learning requires us to engage with the theoretical constructs of other disciplines, some of which have much to tell us about how we teach law, how we might teach it more effectively; how our students learn and what they understand as learning. This interdisciplinary understanding is an essential component in the dialectic between theory and praxis of teaching and learning, and the law. If this is true for what might be termed more traditional learning methods, it is even more the case for computerbased educational interventions. In computer-based learning, the management of learning on many levels becomes critical to educational success, and the understanding and application of interdisciplinary theory plays an important role in the design and development of materials and in the learning events themselves.     

法律的"概念"澄明——评H.L.A.哈特《法律的概念》

日常语言分析哲学家并新分析实证主义法学的创始人哈特,在《法律的概念》一书中,从语词用法的日常语言分析入手,通过法律"游戏"中第一性规则与第二性规则之结合作为关键的"法律"概念纵向语境把握,以及"主权者"、"命令"、"正义"、"道德"诸概念讨论之"法律"概念横向比较,成功地将法律"概念"的理解由对于某种具有确定客观属性的法律实体的认识转向了日常语言层面的澄明,开创了一个全新的日常语言分析法学流派.     

Law Is the Command of the Sovereign: H. L. A. Hart Reconsidered

This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity.     

T. Weatherall,Jus Cogens: International Law and Social Contract

Netherlands International Law Review -     

Displaying the Law: A Cross-disciplinary Learning Experiment Using the Internet and Multimedia Technology

The law is increasingly being displayed to its practitioners and subjects in new forms and through new media. Some of this technological change simply permits easier access to information and faster recording processes. However students are at the forefront of the attempt to provide new ways of representing legal dilemmas, problems and issues. How do students imagine and represent the law? This paper describes an experiment in which undergraduate students from quite different backgrounds examined topical legal issues and presented reports in visual form, choosing between three formats: CD-ROMs, videos and web pages. Participants came from two universities in Victoria; students from Victoria University were multimedia students, students from the University of Melbourne were criminology research methods students. They formed small teams, pooling their skills to carry out research projects on aspects of the law, including busking, football violence and how images of blood should be shown on film or TV. This article reviews the lessons of this collaborative exercise for understandings of the law.