Teaching and using analogy in law

Analogy plays a central role in legal reasoning, yet how to analogize is poorly taught and poorly practiced. We all recognize when legal analogies are being made: when a law professor suggests a difficult hypothetical in class and a student tentatively guesses at the answer based on the cases she read the night before, when an attorney advises a client to settle because a previous case goes against him, or when a judge adopts one precedent over another on the basis that it better fits the present case. However, when it comes to explaining why certain analogies are compelling, persuasive, or better than the alternative, lawyers usually draw a blank. The purpose of this article is to provide a simple model that can be used to teach and to learn how analogy actually works, and what makes one analogy superior to a competing analogy. The model is drawn from a number of theories of analogy making in cognitive science. Cognitive science is the “long-term enterprise to understand the mind scientifically.” The field studies the mechanisms that are involved in cognitive processes like thinking, memory, learning, and recall; and one of its main foci has been on how people construct analogies. The lessons from cognitive science theories of analogy can be applied to legal analogies to give students and lawyers a better understanding of this fundamental process in legal reasoning.

Teaching and assessing ethics and social responsibility in undergraduate science : a position paper

Institutional graduate capabilities and discipline threshold learning outcomes require science students to demonstrate ethical conduct and social responsibility. However, neither the teaching nor the assessment of these concepts is straightforward. Australian chemistry academics participated in a workshop in 2013 to discuss and develop teaching and assessment in these areas and this paper reports on the outcomes of that workshop. Controversial issues discussed included: How broad is the mandate of the teacher, how should the boundaries between personal values and ethics be drawn, and how can ethics be assessed without moral judgement? In this position paper, I argue for a deep engagement with ethics and social justice, achieved through case studies and assessed against criteria that require discussion and debate. Strategies to effectively assess science students’ understanding of ethics and social responsibility are detailed.

Liminal moments : designing, thinking and learning

This paper provides a contextual reflection for understanding best practice teaching to first year design students. The outcome (job) focussed approach to higher education has lead to some unanticipated collateral damage for students, and in the case we discuss, has altered the students’ expectations of course delivery with specific implications and challenges for design educators. This tendency in educational delivery systems is further compounded by the distinct characteristics of Generation Y students within a classroom context. It is our belief that foundational design education must focus more on process than outcomes, and through this research with first year design students we analyse and raise questions relative to the curriculum for a Design and Creative Thinking course—in which students not only benefit from learning the theories and processes of design thinking, conceptualisation and creativity, but also are encouraged to see it as an essential tool for their education and development as designers. This study considers the challenges within a design environment; specifically, we address the need for process based learning in contrast to the outcome-focused approach taken by most students. With this approach, students simultaneously learn to be a designer and rethink their approach to “doing design”.

Personal Epistemologies and Teaching

Over the last three decades, a growing body of research related to epistemic beliefs has been identified as a crucial for understanding teaching and learning (Yadav, Herron, & Samarapungavan, 2011). In particular, research related to beliefs about teaching, learning and knowledge has been considered important for understanding why teachers engage in certain approaches to pedagogy, curriculum and assessment in classrooms (Stromlo & Bråten, 2011). The beliefs held by teachers about knowledge and knowing, otherwise known as personal epistemology (Hofer, 2010), have been shown to influence other knowledge and beliefs (Schommer-Aikens, 2004). Five and Buehl (2012) indicated that because an individual’s understanding of reality is always seen through the lens of existing beliefs, the role of beliefs as a filter is particularly relevant in the context of teacher education. That is, if beliefs influence how individuals interpret new information and experiences, preservice and practicing teachers’ beliefs shape what and how they learn about teaching.” (p. 470-480). It is likely that such beliefs have an important relationship with teacher knowledge and practices...

Diversity or perversity?: Award-winning children's literature and the Australian curriculum

Two of the three cross-curriculum priorities for the national Australian Curriculum prescribed by the Australian Curriculum Assessment and Reporting Authority (ACARA) are focussed on what might be called diversity education: “Aboriginal and Torres Strait Islander histories and culture”, and "Asia and Australia's Engagement with Asia” (ACARA, “Cross”). One need not be versed in complex rhetorical theory to understand that, laudable and legitimate as such priorities are, their existence implies that mainstream education in Australia has been or is characterised by the marginalisation or erasure of Australia's history—the original Indigenous cultures are not only living and vibrant today, but also have tens of thousands of years’ “head start” on Australia’s settler cultures—and of its geography—Australia is, after all, located in some physical proximity to Asia. Some might even suggest that Australia is in Asia. These temporal and spatial “forgettings” constitute a kind of cultural perversity which the cross-curricular priorities both seek to address and serve to reinscribe. Even as ACARA requires Australian school students to engage with Aboriginal and Asian histories, cultures, societies, they imply that such histories, cultures, and societies are “diverse”, that they are not those of the students in Australian classrooms; producing them as objects of study rather than as lived experience. This should not necessarily be surprising. Michael W. Apple has provocatively argued that: “one of the perverse effects of a national curriculum actually will be to ‘legitimise inequality.’ It may in fact help create the illusion that whatever the massive differences in schools, they all have something in common” (18). In the Australian context, attempts to mitigate such perversity are articulated via the selection of literary texts. As educators move to resource ACARA’s cross-curricular priorities, ACARA notes that “Teachers and schools are best placed to make decisions about the selection of texts in their teaching and learning programs that address the content in the Australian Curriculum while also meeting the needs of the students in their classes” (ACARA, “Advice”). This assertion appears on a webpage called “Advice on selection of literary texts” which is notable first and foremost for its total lack of any literary texts being named, and its list of weblinks pointing to lists of texts compiled elsewhere, by other organisations, and in the main, compiled to serve agendas other than the Australian curriculum. One of the major resources referred to by ACARA for literary text selection is the Children’s Book Council of Australia (CBCA). Of course, the CBCA’s annual book awards do not share ACARA’s educational priorities, but do have a history of being drawn upon by schools as a curriculum resource. In this paper, I consider the literary texts which have been prized by the CBCA in recent years attending to their engagements with Aboriginal cultures.

Learning in and out of university : Aboriginal and Torres Strait Islander students’ conceptions and strategies used to learn

Research suggests that students’ approaches to learning and learning outcomes are closely related to their conceptions of learning. This paper describes a phenomenographically inspired investigation into conceptions of formal learning held by 22 Aboriginal and Torres Strait Islander students from three Australian universities in Queensland; experiences of informal learning, reasons for studying and strategies used to learn were also investigated. The attrition rate for these students in tertiary education is higher than that of any other group of students. It was hoped that information gained may delineate factors that contribute to high attrition rates and therefore inform courses of action that may lead to improved teaching and learning practices for these students. Additionally, success in tertiary education for Aboriginal and Torres Strait Islander students may increase their involvement in mainstream society. Results showed that they view and approach university learning in much the same way as other university students. It was also apparent that, generally, the strategies these students used did not match the conceptions of learning they held. An interesting result was the difference between the conceptions of formal learning and explanations of informal learning

Teacher and student readiness to use Facebook for learning in an adult vocational educational setting

The factors influencing both teacher and student readiness to use Facebook as part of their teaching and learning in a vocational educational institution were studied through a qualitative case study. Data included teacher and student questionnaire and focus group interviews. While it was found that the students demonstrated readiness and willingness to incorporate Facebook into their current learning, the teachers were more reluctant. Different perceptions around control of learning, time, and concerns around compartmentalisation of learning and social lives would need to be addressed before Facebook could be used as a formal learner engagement strategy.

Setting limits to laughter : university teaching and the boundaries of humour

This paper forms one part of a broadly-based study into the use of humour within tertiary teaching. One theme to emerge from semi-structured, in-depth interviews with university academics concerns the setting of boundaries to the appropriate use of humour within lectures and tutorials. Following the ‘benign violations’ theory of humour—wherein, to be funny, a situation/statement must be some kind of a social violation, that violation must be regarded as relatively benign, and the two ideas must be held simultaneously—this paper suggests that the willingness of academics to use particular types of humour in their teaching revolves around the complexities of determining the margins of the benign. These margins are shaped in part by pedagogic limitations, but also by professional delimitations. In terms of limitations, the boundaries of humour are set by the academic environment of the university, by the characteristics of different cohorts of students, and by what those students are prepare to laugh at. In terms of delimitations—where humour choice is moderated, not by the possibility of immediate laughter, but rather by the consequences of that choice—academic seniority and security play a large role in determining what kinds of humour will be used, and where boundaries are to be set. The central conclusion here is that formal maxims of humour use—‘Never tease students’, ‘Don’t joke about potentially sensitive issues’—fail to account for the complexity of teaching relationships, for the differences between student cohorts, and for the talents and standing of particular teachers.

Literacy and numeracy project: Final report 2009

Literacy and numeracy are critical for young people during and after their schooling. The subjects and courses that students undertake during their school years incorporate a range of academic literacy and numeracy practices which students must be able manage if they are to be successful. Pathways beyond schooling also require specific, and changing, understandings of, and proficiencies with, literacy and numeracy as new communication technologies increasingly impact on further study, work, and everyday life. Teaching and learning numeracy is a new emphasis in the SACE and as yet we have little understanding about the ways in which secondary schools handle this area. Students in Years 10 and 11 are at a crucial point in their educational and life pathways as they begin to refine their future aspirations. For those who have difficulty with academic literacies and numeracies – and often a long history of such problems – this period can be fraught unless teachers are able to provide specific support when it is needed, or students are able to access it from care-givers or community members. The School to Work Literacy and Numeracy Project involved teachers from nine schools across the three sectors and university researchers working together to design curriculum interventions for students with a history of low measurable achievement in literacy and/or numeracy. The project started from the premise that working with ‘rich tasks’, an approach to learning and assessment developed in the Productive Pedagogies work undertaken in Queensland (Hayes et al., 2006), would improve students’ motivation, engagement and learning and that this work could best be done by teachers working in school-based, cross-curriculum teams with a school leadership team member and a university researcher as mentor. A key idea in designing rich tasks is that students will have opportunities to demonstrate their learning in assessments which are aligned with the learning expectations (for example a film festival to publicly launch student-produced films, advertising to sell student-made cubby-houses, a household budget based on students’ likely incomes in future work). In other words the assessments should be designed to allow for authentic communication and displays of what the students have learned through serious engagement with the curriculum. The project was conducted from Term 1-4 2009, with follow-up checks with some project teachers in the early weeks of 2010.

Teaching and Assessing for Understanding at University in the South Pacific

Pacific people have their own unique ways of knowing that shape how they learn and this should be taken into account in planning curriculum and in teaching. Pacific people are more likely to want to learn by doing, seeing, collaborating and in a concrete environment whereas for Western students learning becomes formal quickly and depends more on words and theories. This assumed difference in learning preferences could present a problem for formal learning with the need to bridge the gap psychologically and epistemologically between concrete and formal modes of learning. It could be the reason why some students in the Pacific, even at the tertiary level, rely heavily on rote learning. This chapter is a discussion of learning and assessment practices that help to foster understanding as they might apply to teaching at university in the South Pacific.

Teaching Reflective Learning in Higher Education : A Systematic Approach Using Pedagogic Patterns

This book is about understanding the nature and application of reflection in higher education. It provides a theoretical model to guide the implementation of reflective learning and reflective practice across multiple disciplines and international contexts in higher education. The book presents research into the ways in which reflection is both considered and implemented in different ways across different professional disciplines, while maintaining a common purpose to transform and improve learning and/or practice. Readers will find this book innovative and new in three key ways. First, in its holistic theorisation of reflection within the pedagogic field of higher education; Secondly, in conceptualising reflection in different modes to achieve specific purposes in different disciplines; and finally, in providing conceptual guidance for embedding reflective learning and reflective practice in a systematic way across whole programmes, faculties or institutions in higher education. The book considers important contextual factors that influence the teaching of forms and methods of reflection. It provides a functional analysis of multiple modes of reflection, including written, oral, visual, auditory, and embodied forms. Empirical chapters analyse the application of these modes across disciplines and at different stages of a programme. The theoretical model accounts for students’ stage of development in the disciplinary field, along with progressive and cyclical levels of higher order thinking, and learning and professional practice that are expected within different disciplines and professional fields. The book provides: • A conceptual model for the application of reflection across disciplines in a variety of contexts. • Empirical examples of different modes and pedagogic patterns for reflection. • Guidance and support for embedding systemic pedagogical and curriculum change.

Workplace Learning in Physical Education : Emerging Teachers’ Stories from the Staffroom and Beyond

Pre-service and beginning teachers have to negotiate an unfamiliar and often challenging working environment, in both teaching spaces and staff spaces. Workplace Learning in Physical Education explores the workplace of teaching as a site of professional learning. Using stories and narratives from the experiences of pre-service and beginning teachers, the book takes a closer look at how professional knowledge is developed by investigating the notions of ‘professional’ and ‘workplace learning’ by drawing on data from a five year project. The book also critically examines the literature associated with, and the rhetoric that surrounds ‘the practicum’, ‘fieldwork’ ‘school experience’ and the ‘induction year’. The book is structured around five significant dimensions of workplace learning: Social tasks of teaching and learning to teach Performance, practice and praxis Identity, subjectivities and the profession/al Space and place for, and of, learning Micropolitics As well as identifying important implications for policy, practice and research methodology in physical education and teacher education, the book also shows how research can be a powerful medium for the communication of good practice. This is an important book for all students, pre-service and beginning teachers working in physical education, for academics researching teacher workspaces, and for anybody with an interest in the wider themes of teacher education, professional practice and professional learning in the workplace.

Teaching manufacturing engineering at tertiary institutions in conjunction with engineering design and engineering materials

Tertiary institutions now face serious challenges. Modern industry requires engineering graduates with strong knowledge of modern technologies, highly practical focus, management skills, ability to work individually and in a team, understanding of environmental issues and many other skills and graduate attributes. Institutions in the tertiary sector change courses and modify curriculum to reflect challenges of the modern industry and make engineering graduates better prepared for the “real world”. Queensland University of Technology in the recent years introduced an innovative structure of engineering courses with a common core for Bachelor of Engineering Mechanical, Infomechatronics and Medical, where manufacturing is taught in conjunction with engineering design and engineering materials. In this paper we discuss the innovative curriculum structure, teaching and learning approaches of coherent delivery of manufacturing in conjunction with engineering design and

Enhanced student learning in accounting utilising web-based technology, peer-review feedback and reflective practices: A learning community approach to assessment

Higher education is becoming a major driver of economic competitiveness in an increasingly knowledge-driven global economy. Maintaining the competitive edge has seen an increase in public accountability of higher education institutions through the mechanism of ranking universities based on the quality of their teaching and learning outcomes. As a result, assessment processes are under scrutiny, creating tensions between standardisation and measurability and the development of creative and reflective learners. These tensions are further highlighted in the context of large undergraduate subjects, learner diversity and time-poor academics and students. Research suggests that high level and complex learning is best developed when assessment, combined with effective feedback practices, involves students as partners in these processes. This article reports on a four-phase, cross-institution and cross-discipline project designed to embed peer-review processes as part of the assessment in two large, undergraduate accounting classes. Using a social constructivist view of learning, which emphasises the role of both teacher and learner in the development of complex cognitive understandings, we undertook an iterative process of peer review. Successive phases built upon students’ feedback and achievements and input from language/learning and curriculum experts to improve the teaching and learning outcomes.