4 resultados para threshold concepts for law

em WestminsterResearch - UK


Relevância:

80.00% 80.00%

Publicador:

Resumo:

The context of this research focuses on the efficacy of design studio as a form of teaching and learning. The established model of project-based teaching makes simple parallels between studio and professional practice. However, through comparison of the discourses it is clear that they are of different character. The protocols of the tutorial tradition can act to position the tutor as a defender of the knowledge community rather than a discourse guide for the student. The question arises as to what constitutes the core knowledge that would enable better self-directed study. Rather than focus on key knowledge, there has been an attempt in other fields to agree and share ‘threshold concepts’ within disciplinary knowledge. Meyer and Land describe threshold concepts as representing “a transformed way of understanding, or interpreting or viewing something without which the learner cannot progress [1]. The tutor’s role should be to assist in transforming student’s understanding through the mastery of the ‘troublesome knowledge’ that threshold concepts may embody. Teaching and learning environments under such approaches have been described as ‘liminal’: holding the learner in an ‘in-between’ state new understanding may be difficult and involve identity shifts. Research on the consequence of pressures on facilities and studio space concur, and indicate that studio spaces can be much better used in assisting the path of learning [2]. Through an overview map of threshold concepts, the opportunities for blended learning in supporting student learning in the liminal space of the design studio become much clearer [3] Design studio needs to be recontextualised within the discourse of higher education scholarship, based on a clarified curriculum built from an understanding of what constitutes its threshold concepts. The studio needs to be reconsidered as a space quite unlike that of the practitioner, a liminal space. 1. Meyer, J.H.F. and R. Land, Threshold concepts and troublesome knowledge. Overcoming Barriers to Student Learning: Threshold concepts and troublesome knowledge., 2006: p. 19. 2. Cai, H. and S. Khan, The Common First Year Studio in a Hot-desking Age: An Explorative Study on the Studio Environment and Learning. Journal for Education in the Built Environment 2010. 5(2): p. 39-64. 3. Pektas, S.T., The Blended Design Studio: An Appraisal of New Delivery Modes in Design Education. Procedia - Social and Behavioral Sciences, 2012. 51(0): p. 692-697.

Relevância:

30.00% 30.00%

Publicador:

Resumo:

Private law courts in the UK have maintained the de minimis threshold as a condition precedent for a successful claim for the infliction of mental harm. This de minimis threshold necessitates the presence of a ‘recognised psychiatric illness’ as opposed to ‘mere emotion’. This standard has also been adopted by the criminal law courts when reading the Offences Against the Person Act 1861 to include non-physical injury. In determining the cut-off point between psychiatric injury and mere emotion, the courts have adopted a generally passive acceptance of expert testimony and the guidelines used by mental health professionals to make diagnoses. Yet these guidelines were developed for use in a clinical setting, not a legal one. This article examines the difficulty inherent in utilising the ‘dimensional’ diagnostic criteria used by mental health professionals to answer ‘categorical’ legal questions. This is of particular concern following publication of the new diagnostic manual, DSM-V in 2013, which will further exacerbate concerns about compatibility. It is argued that a new set of diagnostic guidelines, tailored specifically for use in a legal context, is now a necessity.

Relevância:

30.00% 30.00%

Publicador:

Resumo:

Default invariance is the idea that default does not change at any scale of law and finance. Default is a conserved quantity in a universe where fundamental principles of law and finance operate. It exists at the micro-level as part of the fundamental structure of every financial transaction, and at the macro- level, as a fixed critical point within the relatively stable phases of the law and finance cycle. A key point is that default is equivalent to maximizing uncertainty at the micro-level and at the macro-level, is equivalent to the phase transition where unbearable fluctuations occur in all forms of risk transformation, including maturity, liquidity and credit. As such, default invariance is the glue that links the micro and macro structures of law and finance. In this essay, we apply naïve category theory (NCT), a type of mapping logic, to these types of phenomena. The purpose of using NCT is to introduce a rigorous (but simple) mathematical methodology to law and finance discourse and to show that these types of structural considerations are of prime practical importance and significance to law and finance practitioners. These mappings imply a number of novel areas of investigation. From the micro- structure, three macro-approximations are implied. These approximations form the core analytical framework which we will use to examine the phenomena and hypothesize rules governing law and finance. Our observations from these approximations are grouped into five findings. While the entirety of the five findings can be encapsulated by the three approximations, since the intended audience of this paper is the non-specialist in law, finance and category theory, for ease of access we will illustrate the use of the mappings with relatively common concepts drawn from law and finance, focusing especially on financial contracts, derivatives, Shadow Banking, credit rating agencies and credit crises.

Relevância:

30.00% 30.00%

Publicador:

Resumo:

Complete Public Law: Text, Cases, and Materials combines extracts from key primary and secondary materials with clear explanatory text to provide a complete resource for students of constitutional and administrative law. Clear, concise explanation of key legal principles is combined with a wide range of extracts, from statutes, case law and academic materials to provide a complete resource for students The authors use straightforward and uncomplicated language to ensure legal concepts and the complexities of the British constitution are easily understood Learning features such as thinking points, diagrams, useful notes, summary points and reflective questions provide valuable support for students and encourage them to engage with the subject A helpful 'case study' chapter on human rights, terrorism and the courts illustrates how the Human Rights Act has been used in practice across the legal system, providing extra insight into the importance of both human rights law and the process of judicial review The 'Judicial review: putting it all together in problem answers' chapter pulls together strands from previous chapters to provide a checklist of issues to be considered in order to diagnose a judicial review problem and advise a client