论法律概念的实践逻辑——兼论案例教学法的理论基础

法律概念与自然科学概念至少存在两个方面区别:法律概念具有实践性,自然科学概念具有理论性;大部分法律概念具有类同性,大部分自然科学概念具有相同性。实践性构成了法律概念的本体论特征,类同性构成了法律概念的逻辑特征。因此,法律概念具有自身的实践逻辑。兰戴尔最先提倡的案例教学法是建立在一种有缺陷的法律科学构想基础上的。法律概念的实践逻辑构成案例教学法的理论基础。     

如何打造优秀的法学教育

朗戴尔法学教育理论和教学法是美国法学院占主导地位的教育模式,备受推崇。然而在理论上,它具有明显的缺陷;在实践中,则造成了学生与法律实践相脱节的后果。它认为法律学科的全部资料都储存在出版物之中。封闭性、复古性、考据性成为构建朗戴尔方法的基石,形成了一个建立在书本资料上的伪科学体系。法学院应当完全抛弃朗戴尔教学法,直接面对社会问题,在更高层次上回归学徒制度,以律师事务所模式为法学教育的核心,以执业者为教师,以现实社会中的法律问题为教学内容,刻不容缓地推行法学教育实验。     

Communicating law,building peace: the pedagogy of public outreach from war crimes courts

ABSTRACT

There has been a growing interdisciplinary concern with the implications of public outreach processes from war crimes trials for new forms of citizenship in the wake of violent conflict. The enactment of such outreach, through seminars, civil society initiatives and workshops, provides a glimpse of the tensions between different conceptions of justice, belonging and rights in the post-conflict period. Specifically, such events constitute a rare public arena in the more fragmented and securitised domain of international legal practices. This paper focuses on a series of public workshops for survivors of wartime sexual violence carried out in Bosnia and Herzegovina (BiH) 2011–13. Drawing on participant observations and open-ended interviews, we argue that such public outreach programmes can be viewed as a form of pedagogy, where the materials, format and arrangement of the events structure the nature of participation and engagement. In doing so we are making two contributions. First, the discussion advances understandings of public outreach as a form of pedagogy, illustrating how practices of dissent, rejection and resistance animate processes of public outreach. Second, the paper illuminates the role of pedagogy as a governmental instrument, reflecting the micro-situations within which individuals are interpellated into the state.     

Decolonising online development studies? Emancipatory aspirations and critical reflections – a case study

Academics in high-income countries are increasingly launching development studies programmes through online distance learning to engage practitioner-students in low-income countries. Are such initiatives providing opportunities to critically tackle social injustice, or merely ‘mirroring’ relations of global inequality and re-entrenching imperial practices? Building on recent scholarship addressing efforts to ‘decolonise development studies’ and the complex power dynamics they encounter, we reflect on this question by analysing experiences of faculty and students in a United Kingdom-based online development studies programme, focusing particularly on perspectives of development practitioner-students working from Africa. We discuss barriers to social inclusivity – including the politics of language – that shaped participation dynamics in the programme as well as debates regarding critical development course content, rethinking possibilities for bridging counter-hegemonic development scholarship with practice-oriented approaches in a range of social contexts. Our analysis unpacks key tensions in addressing intertwined institutional and pedagogic dilemmas for an agenda towards decolonising online development studies, positioning decolonisation as a necessarily unsettling and contested process that calls for greater self-reflexivity.     

‘Pedagogies of resistance’ and critical peace education praxis

This paper explores ‘pedagogies of resistance’ – or critical and democratic educational models utilized by social movements – and how global examples of engaged educational praxis may inform peace education. The central inquiry of this article is ‘How can educational projects that resist larger social, political and economic inequalities offer understandings about how we learn, teach, and act for peace in diverse settings?’ Drawing upon literature from various fields, ideas and insights are offered about how the field of peace education can better respond to multiple and diverse realities, particularly those facing marginalized communities. The article provides an overview of key tenets of peace education and ideas central to ‘critical peace education;’ offers a framing of ‘pedagogies of resistance;’ and, lastly, details what directions emerge by putting these two educational forms in conversation.     

编制多媒体教学软件

多媒体教学软件是反映一定教学策略的计算机教学程序。编制多媒体教学软件有其自身规律、基本要求、注意事项、创作常用工具。多媒体教学软件的开发和制作,需要在教学实践中反复使用,不断修改,才能使其符合教学规律,取得良好的教学效果。     

The Deceptive Simplicity of Teaching Negotiation: Reflections on Thirty Years of the Negotiation Workshop

What is required for effective teaching depends on the goal of the effort, and our criteria for success should be much more demanding than positive ratings from participants. If the goal is to improve participants' effectiveness as negotiators, we need a proven theory and associated skills. In the absence of robust confirming empirical data, which is still mostly lacking, we can take some confidence from qualitative evaluations. But whether or not we have a proven theory, the pedagogical task is complex and challenging, calling for a variety of sophisticated techniques deployed by a skilled instructor committed to joint learning. This article tells the story of some of the instructors' pedagogical learnings in thirty years of teaching the pioneering Negotiation Workshop at Harvard Law School, many of which now have empirical support. It also suggests some areas and tools for more experimentation in future advanced courses.     

The importance of teaching dispute resolution in a twenty-first-century law school

Civil justice reviews over the past 20 years have encouraged the use of alternative dispute resolution (ADR) and particularly mediation. Mediation is arguably now becoming more mainstream in terms of dispute resolution process choice. In some instances law changes have been introduced requiring parties in dispute to consider using mediation; similarly, lawyers have an ethical responsibility to provide advice to their clients about the range of dispute resolution processes available. What is lacking however is a corresponding appreciation of the changing attitudes to the teaching of dispute resolution in the majority of UK law schools, where the promotion of adversarialism within the curriculum appears to remain the focus as the primary and only method of dispute resolution. The article argues that this is unreflective of current attitudes and thinking towards dispute resolution in most common law countries, where litigation is no longer necessarily the primary dispute resolution process of choice. Whilst there was token appreciation of the importance of mediation advocacy and its inclusion recommended within the Bar Practice Training Course (BPTC), the recent Legal Education and Training Review was silent on any suggestions about the inclusion of dispute resolution based curriculum content at any stage of legal education in England and Wales. The article will explore the historical development of lawyers’ attitudes to dispute resolution within the civil justice arena and academics’ teaching of curriculum associated with it in UK law schools. The article will pose questions on why recent legal history suggests that law schools should now perhaps take a more socio-legal approach to their curriculum content and embrace the teaching of dispute resolution as a defined subject area for the twenty-first-century law school.     

Teaching Negotiation through Paradox

How to teach negotiation cannot be effectively summed up in a few ready‐to‐be‐applied principles. In this article, I define a paradoxical professorial stance that I believe can be useful for helping students learn negotiation concepts and methods, and will also help them reflect on their own practice. The paradoxes are the following: caring for the students while deliberately exposing them to frustration; nurturing a lively, interactive course while respecting those students who prefer to remain silent; helping the students to be more autonomous while simultaneously manipulating them; accepting their vulnerability while nurturing their creativity; and finally, maintaining both professorial distance and closeness. My adoption of such a paradoxical stance as a professor has encouraged greater creativity in my students, and by the end of the course, they are better able to create value in a negotiation simulation.     

Cooperative learning vs Confucian heritage culture's collectivism: confrontation to reveal some cultural conflicts and mismatch

Asian countries with Confucian heritage culture (CHC) such as China, Vietnam, Singapore, Korea and Japan have been proven to share characteristics of a collectivist society. Researchers agree that this collectivist mentality strongly supports cooperation that CHC's learners/workers best perform in groups. However, little is known about the other side of the coin. Whilst applying a method born in one culture to another, cultural differences have been forgotten. The so-called global application has led to a situation in which a Western model is forced to launch in a completely new and different context. This new context and the existing cultural values are not always incorporated into the implementation of a Western concept of cooperative learning. Consequently, it does not necessarily follow that all forms of cooperative learning will surely succeed within a CHC environment. As a result of ignoring, stereotyping and underestimating cultural and educational characteristics, in CHC countries, the implementation of constructivism and one of its applications—cooperative learning—has ended up in failures, suspicion or resistance. The authors would like to question (1) the fixed assumption that “group-work surely works in CHC countries” and (2) the domination of developmentalism in education nowadays and its mismatch with cultural assets. With this paper, the authors contribute to the recent call for culturally appropriate pedagogy.