Educational Theory, Practice and Assessment for Law Students
Teaching is as much art as science, though as in most disciplines there are a set of guiding principles. These principles arise from grounded theory, which in educational theory refers to the pedagogical process at its core, with the ultimate expression of such being the learning experienced by the student. In essence, the manner in which a teacher approaches a student reflects not only their academic learning of the discipline, but also their internalization of the academic background in the teacher's own psyche. Training, analysis, and discussion of pedagogical processes can inform the new teacher before they ever stand in front of a classroom of students. Teaching at the university level requires an understanding of educational theory and practice, as well as having best practices methods for evaluation of students' skills and progress.For specialised disciplines such as law, assessment practices must be rigorous and allow for the preceptor to correctly judge the student's output as well as the reasoning they used to arrive at their final judgment. This research paper examines educational theory and philosophy. Specific focus is given to the teaching of law curriculum. Strategies for overcoming intrinsic differences in a culturally and linguistically diverse student body are discussed. Assessment issues are examined with noted focus on best practices for assessing law students. A conclusion highlights the salient points of the paper for topic synthesis.
Educational Theory - Fundamental Pedagogical Approaches

The social milieu in which John Dewey (1859-1952) lived influenced his beliefs and works. Dewey was strongly impacted by the changing nature of the American experience, the progress in though from the theoretical and social confines of the old world to the seemingly boundless possibilities of scientific thought in the new world, and away from the religious-based stricture in learning and philosophy toward an explosion of creative thinking and experimentation.
Dewey held that education should be more than a process, that it should be useful in practical ways that could benefit the individual and society. The student, per Dewey, should be a reflective student of life (Dewey, 1902; 2010; Hook, 2008). Dewey's ideas were such:
The successive portions of the reflective thought grow out of one another and support one another; they do not come and go in a medley. Each phase is a step from something to something - technically speaking, it is a term of thought. Each term leaves a deposit which is utilized in the next term. The stream or flow becomes a train, chain, or thread (Dewey, How We Think 3).
Dewey thought that the student's input in determining the structure and composition of the academic lesson plans. This idea illustrates Dewey's thinking that the student may know what is best for themselves, rather be forced into predictable molds with predictable outcomes. This approach is democratic in nature in the teaching method, and was denounced as not having the elements of the more well-known authoritarian-led teaching approach (Dewey, How We Think).
Kehily (2002) studied the issue of educational progressivism from a unique standpoint: sexuality. Sex educators were analyzed to find out their sexual biographies, and how that impacted their particular pedagogical approach to teach sex education in schools. Kehily used a life history interview to gather data. Two schools were used in the ethnographic study. Both schools were secondary schools for both genders. The research methodology included group discussion, participant observation, and the use of semi-structured interviews with both students and sex educators. The results suggest that the sexual biographies of the teachers play a primary role in guiding their pedagogical approach to teaching sex education. For example, feminist backgrounds of teachers referred to a more open and informal teaching style; however, the students in the study did not like this approach for the subject, preferring a more structured style (Kehily). In applying the ideas of Dewey to this study, the student knows best, and should play a role in how their lessons are structured as well as having a say in the content of their lessons.
The theory of educational progressivism informed by human development, and supported by scholarly practice. The knowledge and tools used in this paradigm include a strong reliance on pragmatic empiricism, often closely related to the widely known scientific method of inquiry. Dewey was a proponent of this method of inquiry. To review this framework, one makes an observation about some problem or question, and then defines the concepts associated with the problem. Hypotheses are proposed to solve the problem. Past experience (existing evidence) helps inform the correct path of action to take, from which the most likely successful solution is tested, then the second likeliest, and so on.
Knowledge evolves in this fashion of observation, questioning, proposing hypotheses, and testing solutions. Experience informs future action, which is what Dewey also espoused (Dewey, How We Think). Tools that have evolved along with the progressive trend in inquiry include a true scientific method involving widely accepted methods of research, including methods in qualitative and quantitative analysis. The application of evidence-based practice in applying educational instructional strategies is harmonious with the underlying principles of educational progressivism.
Students learn through first desire. Without a desire to know, there is no basis for learning. Trust, therefore, is of paramount importance in the student and teacher dyad. Trust must be built in the relationship, or the student will not explore to their best ability, any interest; moreover, the teacher will not be able to build interest in the student about a subject without having a trust relationship with the student. Therefore trust is first needed, then desire, and then the incorporation of material into the experiential referencing system of the student's inner psyche.
Dewey wrote that the experiences of the self are informed by previous experiences of the self (Dewey, The Child and the Curriculum: Including the School and Society). This can be interpreted in a holistic fashion; what has gone before in terms of learning, determines the 'how' of future learning practices. A positive early learning experience provides the foundation for the development of an engaged learner throughout a student's academic life. Also, the environmental experiences outside of the academic environment, such as home life and social life, shape the perceptions of the world that the student brings to the classroom. The teacher has to be able to identify students who are at risk of not engaging and determine how to build trust and a desire for learning and knowledge in the student's perception. This can be a very difficult thing to accomplish, yet through understanding how students learn from an educational progressivism perspective and human development theory, the teacher has more tools to utilize in terms of pedagogical understanding in creating conducive learning environments.
Cremin, Burnard, and Craft (2006) discussed the theory of 'possibility thinking'. They examined how the pedagogical environment influences the young student's learning experiences, with specific focus on the idea of possibility thinking. Possibility thinking has creativity at its center, where it is utilized in the learning process by young students, as student's interact with their environment. The teacher uses a pedagogical framework which influences the possibility thinking of the student. The researchers posited that teachers use a 'standing back' strategy with students, where they allowed the young students to explore during the learning process.
The approaches of teachers that used creative play-based learning strategies supported possibility thinking in students (Cremin, Burnard, & Craft, 2006). The primary point of this research finding is the perception of the teacher toward employing a pedagogical approach that supports creativity and learning exploration. The type of setting in which this could occur is reflective of that general framework, wherein students can engage their intrinsic possibility thinking various outdoor activities to build vestibular (and hence thinking)skills, and in indoor activities such as that deal more with the discipline subject matter.
This would entail a stripping of the typical ideas that are associated with a structured classroom, such as rows of desks, industrial colored walls, poor lighting, and institutional feel. Socrates taught in an open air setting, with light, and students sitting in unstructured formats. This allowed Socrates to teach in the method where questioning of the students rather than lecturing allowed for 'possibility thinking' (Copeland).
The Socratic Method is based on an interactive teaching and learning paradigm. This type of communication style of using questions to answer questions challenges the student to reach beyond the rote dissemination of course material, and transports the learner to a place of 'possibility thinking.'
Zou et al. (2009) noted that the Socratic Method was often used in teaching law and medicine. To study the efficacy of the method, they surveyed 74 advanced medical students attending a radiology conference on preferred teaching and learning methods, notably the preference between Socratic methods and didactic methods. The results were that 72% of medical students preferred Socratic methods due to its active learning nature, and for its feedback element. This allowed the students, who felt their field was challenging, to be able to learn through experience and correct their deficits in a knowledge-based manner, not one based on memorization (Zou, King and Soman).
The reality of the classroom or environment where there is a teacher/student dyad present may mean taking a middle ground in practice and theory, as well as adhering to the rules and protocols of the school or institution where the teaching takes place. Personally-held theories inform actions, yet experiential reference is likely to inform how one teaches to students.
Conceptually, the teacher and student both enter into a learning contract when engaging in pursuit of knowledge; the style and manner of teaching are the details in the contract. The student, being the hypothetical signor of the contract, understands that through my own expectation of them to meet high standards, they will in fact agree to do so by engaging in a learning relationship with me. Dewey also noted that the student will typically rise to meet the teacher's expectations (Dewey, Democracy and education: an introduction to the philosophy of education); having that tacit or actual acknowledgement when starting the learning relationship keeps the contract safe from breach by either student or teacher.
Cultural, Linguistic, and Ethnic Diversity of Students
Intelligence Quotient and Learning Issues
Intelligence is a concept that has different meanings to different people. The concept of intelligence is typically measured through academic achievement testing. University students around the world undergo regular standardized testing, which measures their academic performance. Another related area is the element of intelligence, which is often used in the educational sphere, though mostly as primary and secondary school settings for placement issues. However, the concept of culture and diversity is often discussed in relation to intelligence quotient, and for non-native speakers of a language in the country they are attending university in, this can be a significant perceived impediment by educators and assessors (Sternberg).
The two spheres of academic testing and intelligence testing are often overlapping, resulting in a Venn-type result where one concept is substituted for another in different settings. While the concept of intelligence testing is more the venue of psychology, it has morphed into academic standardized testing as a measure of intelligence for students.
However, there are problems with this one-size fits all approach. Language barriers faced by students results in misconceptions of the discipline material, as well as a frustrating lack of ability to relate their actual knowledge of the material in the language it is being taught in. Cultural problems may also be problems in teaching and learning. In the field of law, there may be significant issues between moral conceptions of right and wrong, what constitutes a crime, and what constitutes punishment. In the learning of law at university level, these basic issues are often discussed in terms of crime and punishment, morality and reason, and theories of punishment. For the foreign student, this can be especially challenging (Palfreyman and McBride). Cultural awareness on the part of the teacher and preceptor can help bridge the culture and linguistic gap, though how often this is acknowledged or actually practiced is subject to question.
The Problem of Stereotyping
Stereotypes are often used as a subjective measure of people. The mindset that creates a stereotype is largely based on experience. Children may be taught from a very young age to view a certain class or color of people in some manner. Adults continue to apply these stereotypes and be influenced by the application of stereotypes. Students may be influenced by the application of a stereotype to such a degree that it affects their test performance.
Stereotypes affect the way people act. It is essentially an issue that has to do with expectations. This happens both by the person experiencing the stereotype, and the person applying the stereotype. A stereotype is a commonly held, simplified belief about a group or type of people arising from previous conceptions (Schneider). Stereotyping is believed to be a common occurrence, and that people use automatic stereotyping in a sub-conscious fashion that may be immediate when presented with a group or type of people; conscious stereotyping occurs following the automatic response and is a way to verify the information and make any needed adjustments in the conception. Stereotyping may be thought of as an amalgam of learned experiences about people and learned responses to those people or groups. Generally speaking, people tend to categorize others as a method to deal with the diverse complexity of people. People are affected by being stereotyped in both positive and negative ways. Positive stereotypes can raise self-esteem; negative stereotypes take away from self-esteem (Schneider).
Stereotypes both positive and negative can cause a person to act in ways that may also be positive or negative. The following chart illustrates the possible combinations of action:

Stereotypes, thus, are incredibly important social determinants and crucial in outcomes. A person may have an incorrect generalization about a group, and may use those generalizations to arrive at faulty judgments about that group. In the school setting the application of stereotypes may influence test scores. The perception of the perceiver can change the reality of the target group. For testing circumstances, this is an artifact that needs to be examined (Shepard).
The problem is thus defined for students in the university setting: stereotyping of students in testing and assessment situations can cause them to have a negative behavioral response, resulting in lower test scores. This has been an ongoing problem in education in general, with hereditary IQ measurements being a subjective though touted 'objective' guide to assessing student's skills and learning. This has shown to be a false paradigm, yet stereotypes remain a problem in the educational setting (Shepard).
Cadinu et al. (2005) looked at the effect of negative thinking on performance when a person is experiencing a stereotype threat. In this study, 60 women, divided into an experiment group and a control group, were engaged in completing a complex math task. The investigators used the thought-listing technique; essentially the experimental group participants were read passage relating that research found differences between men and women in performing logical math tasks. The control group was told there was no difference in scores between men and women performing these tasks. The investigators were able to study the effect of intrusive thoughts (as being different from anxiety) on test subjects. The results indicate that the threat-stereotype group scored lower on the math task than control subjects (Cadinu, Maass and Rosabianca). The implication is that stereotyped thoughts lead to negative thinking, which further resulted in low test scores. The women in the threat group essentially 'thought' themselves into failing.
Lerouge and Smeesters (2008) discuss the impact of information, called traits, that not only affects the initial encoding of person information, but also affects subsequent encoding. This is called post-trait priming. For example, a person may activate a stereotype about another person and interpret them based on trait concepts they already have; this is an automatic response, and precedes the encoding of information by the perceiver. Post-trait encoding refers to the assimilation of information following the initial activation that may impact subsequent judgments about the group or person. The authors posit that post-trait encoding does lead to assimilative judgments, when that additional information is part of a memorization goal.
For example, the perceiver is presented with additional information about the person or group, and that information will impact subsequent judgment if that information is necessary for some memorization goal. Priming of a trait leads to encoding of that trait, which in turn leads to a judgment that arises from activation of that trait; the stereotype judgment may or may not be applied depending on the circumstances. After the initial encoding, the author holds that further information can add to the assimilated information base. This may be understood by thinking of subsequent priming traits that lead to a faster retrieval of the initial traits, leading to an overall altered judgment due to the addition of more information. The additional information after the first impression is encoded is useful to enhancing the data about that impression. It is both a memory retrieval issue, and a behavioral response issue. The authors use the example of a librarian carrying an old woman's groceries across the street; the perceiver forms an impression (kindness) related to another impression (kind). The implication is that the secondary information gets assimilated into the first impression; the application to the group or person on subsequent occasions is based on an assimilative impression set, not just a discrete impression (Lerouge and Smeesters). The basic idea is that people do form and reform their impressions of people and groups when given new information. This further informs the knowledge base that those impressions have an impact on the stereotyped group or person, which may or may not be context specific.
The assimilation encoding model as proposed by Lerouge and Smeesters is subtly found in the research by Cheryan and Bodenhausen (2000). Cheryan and Bodenhausen looked at how the performance of Asian-American women's test scores changed as different aspect of their perceived character was highlighted. In a sense, this reflects the assimilated data on this group, in that each part of the encoded data is brought out individually to test its effect. The Asian-American students have a typical positive stereotype of being good at mathematical problem solving. The investigators used the aspects of ethnicity, gender, and individual identity to see the effect of each aspect at the time of testing. Perhaps, the researchers posited, all three aspects were present at one time. The authors were essentially manipulating the projection of the stereotype on the group, by activating the group stereotype and by applying the different aspects as felt and experienced by the group. The results indicated that when the factor of ethnicity was made salient, test scores dropped. Essentially, the students choked. Past research has shown that activating a positive stereotype can lead to an increased sense of confidence and result in improved outcomes. Yet, this effect is dependent on a necessary mitigating factor. When the activated positive stereotype is held internally, a positive outcome is likely. When the activated positive stereotype is subject to an external audience, the opposite outcome happens; as in the case with the Asian students, their scores actually dropped because an external primer for activating their stereotype was given. In this study, there was no observed effect on testing by highlighting gender, though there was a positive effect with personal identity (Cheryan and Bodenhausen).
Osbourne (2001) examined the role of stereotype-threat on the observed underperformance in academics by minority students, specifically dealing with women and mathematics. Negative stereotypes in the testing environment raise the perceived anxiety levels by those students. These differential anxiety levels in part results in lowered test performance. The author looked at whether anxiety underlies the performance gap exhibited by minority students in academic performance, and women students in math performance. Results indicate that anxiety was partially implicated in explaining the gender difference issue, and anxiety was significantly indicated in the differences observed in minority students. The role of stereo-type threat explains these results, where stereotypes impact key groups in academic performance (Osbourne).
Perceived stereotypes among educators and among students can have demonstrated effects as they are experienced by people both in terms of the perceiver and the target group. This issue is especially salient when examined in terms related to academics. Student performance is affected by how they perceive themselves, yet also strongly affected by how others perceive them. The activation of stereotypes through priming can significantly impact the test performance of a student, as well as a group's overall academic performance.
In teaching and learning at the university setting, particularly with a diverse student body, the potential exists among educators and students to engage in trait priming and general stereotyping; however the use of trait priming can also be a positive strategy among educators in the university setting. Positive cultural messages and culturally aware teachers can alleviate the effect of stereotyping in assessments and learning (Shepard).
Cultural Awareness
Cultural competence is an understanding of beliefs, customs, rituals, behaviors, approaches to family and self, and awareness and respect for these things by the educational professional in dealing with a student; this point may be lost if an educator is focusing on the academic aspects of the student and not their social/cultural aspects (Gay). When a new student from a culture different than my own arrives, it is natural to note the obvious: language differences, dress, mannerisms, and ways of moving in space. Intangibles come along when the medical history is taken on the student; these include what the problems are, how they perceive the problems, and if there is anything that should be known about the student that would allow educators to effectively assess them (Gay).
Lopez (2008) noted that cultural competence among lawyers is needed especially in dealing with indigent defendants who come from different cultural backgrounds. Legal clinics often deal with people from poor backgrounds of diverse cultures. Legal educators must take this into account as part of educational programs for their students. Teaching objectives for law students should include cultural awareness education in the law school classroom to provide a sense of the differences between individuals, backgrounds, value systems, belief systems, social classes, ethnicities, races and colors, genders, and other factors that influence a person's perception and experience of their overall worldview.
Teaching and Learning Law
In the field of medicine, there are specific practices that preceptors use to gauge the skills and reasoning of the medical student. Ostensibly, this is an important issue as these students will someday be in charge of diagnosing and treating patients; lives could hang in the balance and therefore the educational phase is critically important both for teaching and learning. Similarly, in the legal profession, there is a need for a best practices framework for evaluating the skills and reasoning ability of law students. The burden is both on the sphere of teaching law as well as learning law.
The realm of law deals with the rules and systems by which society organizes itself and its' political and policy structures (Merryman and Perez-Perdomo). Laws serve as the functional mediators between individuals, as well as between institutions, and also between individuals and institutions. There are different areas of law pertaining to legal subject matter, such as property law, common law, criminal law, contract law, international law, administrative law, tort law, and equities and trusts law (Merryman and Perez-Perdomo).
In educational theory as it pertains to teaching law, the approach is one related to the idea of connectionism, logic, and learning in increments. This approach is one that was developed by American psychologist Edward Lee Thorndike, who posited that learning was essentially one a process of trial and error; Thorndike developed the law of effect, which stated that responses followed by positive consequences are likely to be repeated, where responses followed by aversive consequences are not likely to be repeated (Bishka). These stimulus-response associations are strengthened through repetition. This is a basic idea, and through understanding how people learn, the preceptor or lecturer can guide the law student into a learning process that reinforces basic learning among mammals. Learning should be positive, it is inherently incremental, and repetition reinforces the subject matter (Behlol and Dad).
Assessment Theory
Teaching and assessment requires the preceptor have a framework of assessment from which to properly ascertain the level of skill attainment among students. In the legal profession, this is critically important, as future graduates may go on to pursue careers in the legal field where they are dealing directly with the client population. The import of knowledge to these future legal professionals is therefore paramount to the quality of care that clients receive. The job of the preceptor is to have a method by which they can reasonably and objectively quantify and qualify the knowledge of the students in the university classroom and mock trial setting.
Assessment at its core refers to evaluating the student's decisions and reasoning processes, and overall skill development; the problem is that assessment in higher education may be viewed as an end and not a means. Students may be perceived and come to perceive themselves as simply working to the test score, rather than internalizing knowledge for the long-term (Boud and Falchikov). Assessments should reflect the basic goal of evaluation, including a focus on outcomes, measurement, integrity, feedback, improvement, and the process of learning (Boud and Falchikov).
The fundamental problem of the dominant view for assessment is that it constructs learners as passive subjects. That is, students are seen to have no role other than to subject themselves to the assessment acts of others, to be measured and classified. They conform to the rules and procedures of others to satisfy the needs of an assessment bureaucracy: they present themselves at set times for examinations over which they have little or no influence and they complete assignments which are, by and large, determined with little or no input from those being assessed (Boud and Falchikov 17).
Assessments are a necessary part of the educational process; the progressivist stance on lifelong learning presumes that learning is something the student willingly engages in, a contract with the educator that imparts elements of the discipline they are learning about, for the long-term goal of continuing and progressive learning. Assessment must necessarily be a form of the learning process, an integral part of the imparting of knowledge; without a means to evaluate what is being known and perceived, the method and manner are of imparting the knowledge are also unknown in terms of efficacy and ultimate applicability to the student as a life-long learner. Essentially, the point is lost without an effective means to assess the student's knowledge.
Examples of Assessment Tools and Issues in Medicine and Mathematics
Law is one professional and highly philosophical discipline where knowledge and learning are both creative and focused; the engagement of language and philosophy to deduce meanings of individual concepts and words allows the student to broaden their overall conception of reality. The use of best practices to assess the student's knowledge is critical in knowing if the reasoning processes used by the students is actually relevant to the laying down of knowledge in the student's worldview, not only for the practice of the profession but prima facie, for opening the world of ideas using logic and reasoning. To understand how assessment is important in education, a look at two other disciplines is offered to see how these disciplines are assessed, and why.
Medicine. Wolpaw, Papp, and Bordage (2009) reported on the use of the SNAPPS method to evaluate students in the clinical setting. In the clinical setting the students present cases to the preceptors, using factual information. The actual reasoning process that the students use to arrive at the factual presentation is not apparent to the preceptor. Therefore any uncertainties that the students have regarding their reasoning capability regarding the case is also unknown to the preceptor. The investigators studied whether the use of the SNAPPS method was helpful in students' expression of clinical reasoning and other learning elements over students that were not trained in the method. SNAPPS is a six-step learner centered case analysis and presentation technique taught to medical students. It stands for Summarize findings, Narrow the differential, Analyze the differential, Probe preceptor about uncertainties, Plan management, and Select case-related issues for self-study. SNAPPS is used in case presentations in medical history, evaluation, and diagnosis of patients (Wolpaw, Papp and Bordage).
The researchers used an experimental post-test design of comparison groups, using a randomized trial method of 64 students. Data was collected over the time period 2004-2005, and the students were randomly assigned to three groups. These groups were the SNAPPS training group, the feedback training group, and the usual and customary instruction group. The SNAPPS training included a faculty development element, more learner development, and a practice session during four week family medicine case rotations. In the last week of the trial, students audio-recorded case presentations, and the researchers of this study coded the recordings for ten dependent variables which were then organized into six resulting categories; these categories measured the students' expression of their personal learning, and their diagnostic skills. The researchers coded a total of 66 SNAPPS presentations, 67 comparison presentations, and 82 usual and customary care presentations. The SNAPPS group outperformed both of the other two groups, with no increase in presentation time. The SNAPPS method was a strong method for facilitating the exchange of information in a diagnostic reasoning manner to preceptors in the clinical setting. The SNAPPS method was also good for allowing the students to have the responsibility for expressing the reasons behind their clinical observations, which allows the preceptors to gauge any learning uncertainties in the process and properly address them (Wolpaw, Papp and Bordage).
Brosnan, Evans, Brosnan, and Brown (2006) conducted a study on the effective of objective structured clinical skills evaluation processes (OSCE). The researchers noted that OSCE is a widely accepted and valid measure of nursing skills and competence in the western world. They wanted to study OSCE in Ireland, a country that had not yet adopted this method. Stakeholder opinions and experiences were gathered, including those of students, preceptors, clinical placement coordinators, and lecturers. Findings indicated a positive evaluation of OSCE among stakeholders. Students felt that they were more prepared for future placements, yet they also reported that the OSCE process was stressful (Brosnan, Evans and Brosnan).
Mathematics. Learning new things means that learners may get things incorrect in the beginning stages. Teacher expectations can be different from what student's expectations of the learning material are (Suggate, Davis and Goulding). Understanding the classroom experience enables teachers to bring a wide range of ideas to the student environment that can help learners be successful. Key to this issue and a challenge for teachers is to understand the ideas of the students, and provide suitable ways to deal with misconceptions of the learning material. In the learning process, students are actively engaged in attempting to make sense of their learning experience. It is reasonable to assume that learners are not deliberately engaged in making mistakes, rather that mistakes are a natural part of the learning process. Making errors in learning, particularly mathematics is common and expected. These errors are simply legitimate parts of the learning process (Haylock). Math mistakes are commonly thought of in terms of errors and misconceptions. Learners may make mistakes that may involve attention issues, reasoning that is not well thought out, having too much information to process at once, and failure to recognize the basic problem (Gardner).
Li and Li (2008) reported on the differences in errors on mathematics that students make. These errors may be from work overload, faulty algorithms, and misconceptions. Faulty algorithms referred to the presentation of the logic problem; the placement of the numbers in an equation on either side of the equal sign caused students to make an error in the answer. While the number placement error was caused by a faulty algorithm, the essential misconception referred to the students' concept of the equal sign. Fundamental divides in the conceptual basis of students' ontological knowledge and the actual ontological may not match. Therefore, students not only make errors, they also misconception of the problem based on their knowledge of the ontology of mathematics.
Simple mathematical errors such as occur from haste, may in fact be due to problems pertaining with being able to actually grasp the underlying concept. The student of math may need to be brought in to learn about math by first addressing the philosophy of math (Mooney).
This concept of the students' lack of knowledge on the philosophy of math is directly relevant to how teachers base their interventions when students have errors and misconceptions on math problems in the classroom. Cooper (2010) reported that teachers needing to make an instructional decision may be at a loss if they cannot correctly identify the root causes of the problems students have on math calculations. In an experiment conducted over three semesters, teachers analyzed student's work through review and discussion of student samples. The teachers were asked to identify the error pattern and what misconceptions may have led to the errors. Most teachers in the study could identify the error in calculations; however, they were less successful in identifying the misconceptions. This makes it difficult to design effective teaching strategies in response to student errors.
Assessment in Law
The examples from medicine and mathematics illustrate the importance of both the roles of the teacher/preceptor and the student. In medicine the student must synthesize the knowledge they are learning and be able to apply it in a clinical setting; the preceptor must evaluate the student's basic knowledge, yet also assess the reasoning skills behind the outcome. In mathematics a functional problem is that the teacher/preceptor is often not cognizant of the actual perceptual errors the student is having relating to the discipline; while the outcome of the student shows a judgment error in solving a problem, the root cause is an error in how they perceive the ontology of math. It is vitally important for the student to understand the basis for the discipline being taught; without this aspect, an understanding of the importance of using reasoning to arrive at correct outcomes may simply take an erroneous path for the student. Assessing the student in the rubric is simply not relevant to the knowledge being imparted; if the student does not understand basic concepts, outcomes are conceived on false assumptions (Chambers and Dean).
Law, as in medicine and mathematics, uses basic principles of logic to arrive at correct outcomes. Educational theory per Dewey and Thorndike help inform the concept of teaching, learning, and assessing knowledge of law students.
Connectionism and Logic
Connectionism is a theory using cognitive behavioral science and neural networks to explain a classical view of how people learn; in this framework, the brain is modeled on neural maps that determine how people think, how they learn language and grammar, and how they reason (Malloch). The concept refers to neural networks and discrete bundles of neurons doing discrete things. This is useful in artificial intelligence, and even has applications to computer programs being developed to guide assessment processes in law students for the teacher/preceptor to assess reasoning skills of students; this area is also being developed in artificial intelligence and law to assess legal reasoning of case decisions (Kacsuk).
Logic is the study of principles guiding correct reasoning; there are two kinds of logic, inductive and deductive. Inductive logic and reasoning uses a process to make generalizations from observations. Deductive reasoning uses a process to make observations from generalizations (Chambers and Dean). In educational theory, Dewey's progressivism follows a model of deductive reasoning found in the scientific method, where a problem is noted and then deduced into scientific observations (Dewey, Democracy and education: an introduction to the philosophy of education).
In law, the process is not so dissimilar though somewhat more difficult to apply, as human reasoning is subject to many influences the least of which is language and other environmental factors such as culture and the social milieu. Regardless of outside influences, the concept of logic is held to be constant, following a set of principles for inductive and deductive logic. Logic was widely taught in the law school classroom as a necessary assessment tool to derive correct reasoning processes. It is not as widely taught as it used to be, though logic is still pursued in regards to law; however, the rise of technology has given birth to a new field of law and logic, which is that of artificial intelligence based on connectionism and logic mechanisms (Aldisert, Clowney and Petersen).
Pedagogy and Learning Law - New Approaches to using Logic:
Assessment Design with Quality Assurance
Kacsuk (2011) reported that there can be a mathematical approach to examining patent claims. The reasoning for this is noted that patent and infringement issues are legal issues that have independent features available for examination. The researcher developed a mathematical model which took the patent claim elements, turned them into logical statements; patent claims were thus treated holistically as a set of compound statements where individual elements were connection by logic connectionism. This mathematical model is proposed to be a uniform method for examining legal issues related to patent law, allowing for an expert and fail-proof system to resolve complex legal questions. Time is additionally saved by using the model to evaluate large numbers of claims that hitherto was not possible.
Hogan, Bauer, and Brassil (2010) examined the barriers to effective litigation and defense, regulatory compliance, and issues relating to mergers and acquisitions. The authors noted that the nature of information in cases tends to be unstructured, leading to problems in legal cases. They developed an e-discovery system, where processes of legal reasoning could be employed to document review, allowing for a high validity of assessment of legal issues relating to the unstructured information. The use of artificial intelligence is therefore posited as potentially useful in validating information through using logic processes and sorting the unstructured information into a structured form.
Aldisert, Clowney, and Peterson (2007) reported that the diminishing teaching of logic in law schools is to the students and the professions detriment. Logic, the noted, underlays the law and serves as a guide for judges. The use of deductive syllogisms in the law school classroom teaches students to master the logic grid. The implication is that they will therefore be better prepared when presenting case arguments to judges and juries.
The natural implication of using artificial intelligence as a model of logic in assessing legal issues is the potential use of this method in the classroom setting. A tool with high potential is the computer program called LARGO, which stands for Legal Argument Graph Observer. Ashley (2009) examined a process model of hypothetical reasoning using Supreme Court oral arguments as examples, in teaching first year law students to help them understand hypothetical reasoning in legal issues and arguments. The basic process model of hypothetical reasoning identifies the relationship between a legal advocates proposed test for deciding a case, the facts of the case, and the potential conflicting legal principles underlying the legal issue. Using LARGO, the computerized Legal Argument Graph Observer, students were able to identify and organize the issues, reflect upon the arguments, and represent them in simple diagrams in the LARGO program. The LARGO program then analyzed the student's diagrams, and provided feedback to help students refine their diagrams in the quest for understanding the hypothetical reasoning behind the Supreme Court's oral arguments and decisions. The results of the LARGO experiment showed that the students were able to use this program objectively, yet when engaged in direct participation using elements they may have learned from LARGO, they did not perform any better for having been made familiar with the program.
The implications are that LARGO can be a useful assessment and learning tool, though to refer to Thorndike's law of effect, repetition and positive reinforcement are the key to learning.
Summary
The theory of educational progressivism is informed by human development, and supported by scholarly practice. The knowledge and tools used in this paradigm include a strong reliance on pragmatic empiricism, often closely related to the widely known scientific method of inquiry. Dewey was a proponent of this method of inquiry. To review this framework, one makes an observation about some problem or question, and then defines the concepts associated with the problem. Hypotheses are proposed to solve the problem. Past experience (existing evidence) helps inform the correct path of action to take, from which the most likely successful solution is tested, then the second likeliest, and so on (Dewey, How We Think).
The teacher has to be able to identify students who are at risk of not engaging and determine how to build trust and a desire for learning and knowledge in the student's perception. This can be a very difficult thing to accomplish, yet through understanding how students learn from an educational progressivism perspective and human development theory, the teacher has more tools to utilize in terms of pedagogical understanding in creating conducive learning environments (Shepard).
The reality of the classroom or environment where there is a teacher/student dyad present may mean taking a middle ground in practice and theory, as well as adhering to the rules and protocols of the school or institution where the teaching takes place. Personally-held theories inform actions, yet experiential reference is likely to inform how one teaches to students. Kehily (2002) discussed this with her research on how sex educators taught sex education; findings indicate that sex biographies of teachers (that is, their experiential reference) were more likely to inform how they taught to students than other factors; while cultural and linguistic differences may prejudice the classroom environment to some extent, the use of cultural awareness in teaching and assessment can mitigate potential problems in the priming of traits that may sabotage the learning effort.
In law, the use of logic and reasoning in teaching and assessment has been a fundamental pedagogical tool since the time of Socrates. In modern terms, this has moved out of the lecture and hall, and into the realm of computer programs. New process model of hypothetical reasoning appear in computer programs like LARGO and more, to guide the student in their deductive reasoning processes over court cases and to help the teacher assess the students reasoning abilities. The future of teaching in progressivist paradigms for law students regardless of culture and language barriers may well be found in the language of bytes and mobile web applications. The law school classroom may well be transformed by technology, guiding the teaching and assessment of logical reasoning in legal studies.
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