15 resultados para Moot Factum

em Deakin Research Online - Australia


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In 1938, Joseph Oldham, a leading British Christian ecumenist, formed a discussion group that came to be known as the Moot. The Moot met in a retreat setting for several long weekends each year until early 1947, its discussions carefully organized and convened by Oldham. More than anything else, the discussions of the Moot revolved around the topic of order and, more particularly, around the problem of how order might be restored in British society and culture in the context of a ‘world turned upside down’. Oldham and most members of the group sought a central place for Christian ideas and ideals in British social life.

A striking feature of the Moot was the intellectual stature and the diversity of interests of its members. Among its 16 or so regular members were Oldham (1874-1969), his close friend T.S. Eliot (1888-1963) and Karl Mannheim (1893-1947). Among the later ‘visitors’ to Moot meetings was Michael Polanyi (1891-1976), who first came to the 20th Moot meeting in June of 1944.1

This article presents several papers that were produced for the Moot discussion of 15-18 December 1944 by Eliot, Mannheim and Polanyi. These papers have intrinsic and historical interest, and are published together for the first time here. The initial paper, written by Eliot, treats the role in society of ‘the clerisy’2 - a term borrowed from Samuel Taylor Coleridge that points to an intellectual elite or vanguard. Eliot requested that Oldham solicit responses to his paper from Mannheim and Polanyi. Mannheim’s response was a set of detailed answers to four questions that Eliot posed at the end of his essay. Polanyi’s response was a short, coherent essay, which he identified as ‘my own position with respect’ to Eliot’s discussion; his essay outlines a brief account of the role of the clerisy in science.3 Eliot wrote short comments on the responses of both Mannheim and Polanyi. These five pieces, which have a natural unity, should be of interest to anyone working in the history of social thought. We have abridged only Mannheim’s lengthy response and have eliminated a few lines of illustrative material from Eliot’s reply to Mannheim, but these excisions in no way detract from the clarity of the authors’ perspectives in this rich trilogue.

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This paper uses critical discourse analysis of interactions between law students and their lecturer to show how ‘Socratic’ teaching is used as a powerful technique to shape student identities. Data from a moot or simulated court in taxation law is analysed to show how students position themselves and are positioned as legal professionals. The paper argues that one student’s poor performance in the moot can be interpreted as resistance to attempts to influence her to adopt an uncongenial speaking position. This example supports the view that the difficulty law students have in learning to ‘think like a lawyer’ results not from a failure of skill but from the problems they have in assuming the speaking position of a legal professional. It is suggested that educators should consider helping students come to terms with the fragmented and contradictory subject positions associated with professionalisation.

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This essay reviews historical records that set forth the discussions and interaction of Michael Polanyi and Karl Mannheim from 1944 until  Mannheim’s death early in 1947. The letters describe Polanyi’s effort to assemble a book to be published in a series edited by Manneheim. They  also reveal the different perspectives these thinkers took about freedom and the historical context of ideas. Records of J.H. Oldham’s discussion group “the Moot” suggest that these and other differences in philosophy were  debated in meetings of “the Moot” attended by Polanyi and Mannheim in 1944.

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This paper argues that social identities, discursively speaking, consist of ‘positions’ that are individuated by distinctive linguistic features. These include distinctive patterns of representation indicated by clause structure and type, a set of priorities for attending to what is important indicated by thematic structure, and an orientation to the represented world and to self as indicated by modality, propositional attitudes and tense. A social identity comprises an array of these often contradictory ‘positions’ associated with a social or professional role. A person’s identity is constituted dynamically by the way they ‘reconcile’ the various positions that make up the social identity, and also, as Archer and Ivanic argue, by the way they reconcile a social with a personal or autobiographical identity. It is argued that this process of reconciliation gives clues about identity formation in the traces it leaves in grammatical texture.

This paper uses a simulated letter of advice to a client written by a group of first year law students to explore the discursive construction of social or professional identity. This letter is poorly written and full of grammatical mistakes and infelicities. It is argued that the mistakes provide a linguistic trace of the students’ struggle to reconcile the conflicting roles and positions they occupy as authors of the letter. In particular the students’ problems result from a struggle to reconcile their multiple positions as: students writing for assessment by a tutor about a legal problem, as a simulated firm of solicitors advising to a client, and as potential litigators anticipating the future course of events in their simulated moot court appearance.