scholarly journals Autonomy-Mastery-Purpose: Structuring Clinical Courses To Enhance These Critical Educational Goals

2014 ◽  
Vol 18 ◽  
pp. 105
Author(s):  
Leah Wortham ◽  
Catherine Klein ◽  
Beryl Blaustone

<p>“There is a science to what we do”</p><p>This article takes its name from the keynote plenary that the authors presented at the 8th International Journal of Clinical Legal Education conference held at Northumbria University in July 2010 The presentation and this article link research on human motivation and well-being to the structure and methods of clinical legal education. The quote above is from a conference participant in response to a question that we posed to small groups at our plenary regarding how the concepts of autonomy support and mastery resonate with their experience in clinical education and legal education more generally.</p><p>Autonomy, mastery, and purpose are the “tripod of Type I behavior” formulated by Daniel H. Pink in his 2009 book, DRIVE: THE SURPRISING TRUTH ABOUT WHAT MOTIVATES US. Pink postulates “Type I” behavior as that driven by intrinsic, self-generated motivations as opposed to “Type X” behavior directed toward extrinsic factors outside the self such as imposed production quotas, bonuses, competitions to “best” others, or avoiding punishments.</p><p>Pink develops a computer-operating-system metaphor to advocate “Motivation 3.0” as an optimal organizing principle for 21st century business built on providing employees opportunities for autonomy, mastery, and purpose as opposed to an outmoded “Motivation 2.0,” which assumes a controlling work environment based on the premise that people respond best to carrots and sticks. Pink’s book cites examples of businesses structured to support autonomy, mastery, and purpose and describes their successes in enhanced creativity, innovation, retaining valued employees, and productivity. He contrasts such businesses with work places organized around specifically dictated job conditions and traditional structures where workers are subject to externally controlled rewards and punishments.</p><p>Pink provides an engaging, easily accessible entry to a body of social science literature on motivation, achievement, and feelings of well-being that also has been applied to legal education. This article seeks to provide user-friendly access to theory regarding the basic human needs for autonomy, mastery, and purpose as well as regarding intrinsic versus extrinsic motivation. The article provides examples of choices clinical teachers can make to promote student learning and feelings of well-being through methods supporting satisfaction of those basic human needs and encouraging students to find their self-driven motivations.</p><p>Part I describes the difference in extrinsic and intrinsic motivation and reviews the negative effects of business and educational models assuming extrinsic motivation to be most effective rather than seeking to stimulate intrinsic motivation. Part II describes the Carnegie Foundation’s Preparation for the Professions project’s call for law schools to focus on law students’ sense of identity and purpose as part of their professional education, as well as noting the similar goal that students learn “how to be” as articulated by the Tuning Project of the Bologna process regarding higher education in Europe. Part III provides basics on the theory of human needs for a sense of autonomy, mastery, and purpose on which the rest of the article is based. Part IV applies work contrasting autonomy-supportive teacher behaviors with controlling instructional behaviors to the clinical context. Part V of the article draws on cognitive psychology, neuroscience, and learning theory to suggest four methods useful for assisting novice law students on the steep road to mastery of lawyering competence within the time constraints of clinical programs and the professional demands of client service. Methods identified also contribute to satisfaction of students’ need for relatedness, which too often is undermined in other parts of law school. Part VI extends the discussion of clinics’ potential contribution to the need for relatedness and focuses on clinical education’s capacity to support development of students’ sense of how a career in law can contribute to their sense of life purpose in being part of something larger than themselves.</p><p>Many of this article’s applications of theory to clinical teaching are from the clinics in which students provide client representation or are engaged in transactional legal problem solving under faculty supervision, the type of clinics in which Professors Klein and Blaustone teach. We think, however, that clinical teachers will be able to see applications of the theory presented to the various types of clinical programs that exist around the world, e.g, street law programs in which students teach community members and externship programs in which students work under the supervision of a lawyer in an organization external to the law school. We hope, like Pink’s book, to offer an accessible gateway to a body of theoretical and empirical work that can help clinical teachers think critically and creatively about both their clinical program’s structure and their teaching and supervision. We hope to inspire teachers to think about ways they might apply this theory toward nurturing the type of life-long self-direction that motivates people to continually seek greater mastery and provides a sense of well-being both now and in the students’ future careers.</p>

Legal Studies ◽  
2018 ◽  
Vol 38 (3) ◽  
pp. 450-479 ◽  
Author(s):  
Emma Jones

AbstractLaw has traditionally viewed emotions as the enemies of rationality and reason, irrational and potentially dangerous forces which must be suppressed or disregarded. This separation and enmity has been mirrored within undergraduate legal education in England and Wales, with its rigid focus on seemingly impartial and objective analysis and notions such as the ubiquitous ‘thinking like a lawyer’. This paper will argue that attempts to disregard or suppress emotions within the law school are both misguided and destined to fail. It will explore the integral part emotions play within effective legal learning, the development of legal skills, and the well-being of both law students and legal academics. It will also consider how developments in legal scholarship and the evolving climate of higher education generally offer some potential, but also pitfalls, for the future acknowledgment and incorporation of emotions within undergraduate legal education in England and Wales. Bodies of literature relating to not only legal education, but also education generally, psychology and philosophy will be drawn on to demonstrate that emotions have a potentially transformative power within legal education, requiring them to be acknowledged and utilised within a more holistic, integrated form of law degree.


1986 ◽  
Vol 11 (2) ◽  
pp. 225-252 ◽  
Author(s):  
G. Andrew H. Benjamin ◽  
Alfred Kaszniak ◽  
Bruce Sales ◽  
Stephen B. Shanfield

The anecdotal literature suggests that the process of legal education impairs the maintenance of emotional well-being in law students. The purpose of this article is to present the results of a cross-sequential research design that empirically assessed the validity of this hypothesis. Data were collected, using four standardized self-report instruments (Brief Symptom Inventory, Beck Depression Inventory, Multiple Affect Adjective Checklist, and Hassle Scale) on subjects before and during law school and after graduation. Before law school, subjects expressed psychopathological symptom responses that were similar to the normal population. Yet during law school and after graduation symptom levels were significantly elevated. The implications of these results are presented.


2018 ◽  
Vol 25 (3) ◽  
pp. 23-52
Author(s):  
Yvette Maker ◽  
Jana Offergeld ◽  
Anna Arstein-Kerslake

The Disability Human Rights Clinic (DHRC) was established at Melbourne Law School, the University of Melbourne, in 2015.  Its supervisors and students conduct legislative and policy reform projects as well as strategic litigation. The DHRC was created by Anna Arstein-Kerslake to address a significant lack of resources in community-based organisations to undertake in-depth legal analysis. It uses an innovative model of clinical legal education to harness the skills of law students to fill that gap and to expose a new generation of lawyers to the emerging field of disability human rights law. In this article, we draw on our experiences running the DHRC to argue that the model it establishes can create significant scholarly output in the human rights field, direct engagement with the community, and rich doctrinal and experiential learning for students.


2021 ◽  
Vol 30 ◽  
Author(s):  
Sinara de Menezes Lisboa Freire ◽  
Renan Alves Silva ◽  
Geórgia Alcântara Alencar Melo ◽  
Letícia Lima Aguiar ◽  
Joselany Áfio Caetano ◽  
...  

ABSTRACT Objective: to understand the meaning and dimensionality of state of comfort from chronic hemodialysis patients’ perspectives. Method: this is a qualitative study conducted with 30 patients from a hemodialysis clinic from May to June 2018. A semi-structured interview with guiding questions was used. Data were analyzed according to Bardin’s content analysis method, supported by Kolcaba’s theoretical framework. Results: five subcategories for being and feeling comfortable emerged: psychological well-being; Silent environment; Good quality of care; No health changes; Reduction in the frequency/duration of hemodialysis. Regarding dimensionality to achieve comfort, there were three subcategories according to the adopted states. Regarding dimensionality, relief is achieved when a patient is disconnected from the machine, does not attend any session or does not present clinical manifestations of hemodialysis complications. In calm, visible discomforts are linked to change of routine, abandonment of work activities, financial difficulties and poor family support, and psychospiritual issues that weaken in their daily life, making them vulnerable to discomfort. In transcendence, absence of symptoms, attachment to religion, faith or spirituality and resilience to the new routine figured as indexes. States do not act individually, they are related to the experiences of contexts. Conclusion: comfort has meaning of relief from discomfort, state of having met basic human needs, mental and physical well-being, physical, mental and environmental comfort, and final state of nursing therapeutic actions, which permeate the contexts and states of relief, calm, and transcendence. These elements combine with each other to generate unique responses.


2013 ◽  
Vol 41 (3) ◽  
pp. 249-282 ◽  
Author(s):  
Farida Ali

This article examines the implications of globalization for legal practice, law students, and law school curricula. It opens with a review of the impact of globalization on the legal profession, together with an overview of the benefits and challenges that come with globalizing legal education. The article then examines the current state of U.S. legal education by identifying some of the schools that have expressed or demonstrated a commitment to providing a global legal education, and surveying the types of reforms that these schools have adopted in order to meet this objective. The article considers schools’ attitudes to and choice of reforms in light of the view that the typical new American lawyer is inadequately prepared to practice law in today's global legal order, in which he or she is increasingly likely to be called upon to resolve legal issues of a transnational nature. Preparing students to practice law in a globalized society, the article contends, should therefore be a key objective for American legal educators. With this goal in mind, the article examines the current program at Northwestern University School of Law as a case study and offers recommendations that can help to achieve the goal of globalizing legal education while responding to the needs and concerns of today's law students and future legal practitioners.


2013 ◽  
Vol 12 (4) ◽  
pp. 535-578
Author(s):  
Bruce A. Kimball

Between 1915 and 1925, Harvard University conducted the first national public fund-raising campaign in higher education in the United States. At the same time, Harvard Law School attempted the first such effort in legal education. The law school organized its effort independently, in conjunction with its centennial in 1917. The university campaign succeeded magnificently by all accounts; the law school failed miserably. Though perfectly positioned for this new venture, Harvard Law School raised scarcely a quarter of its goal from merely 2 percent of its alumni. This essay presents the first account of this campaign and argues that its failure was rooted in longstanding cultural and professional objections that many of the school's alumni shared: law students and law schools neither need nor deserve benefactions, and such gifts worsen the overcrowding of the bar. Due to these objections, lethargy, apathy, and pessimism suffused the campaign. These factors weakened the leadership of the alumni association, the dean, and the president, leading to inept management, wasted time, and an unlikely strategy that was pursued ineffectively. All this doomed the campaign, particularly given the tragic interruptions of the dean's suicide and World War I, along with competition from the well-run campaigns for the University and for disaster relief due to the war.


2005 ◽  
Vol 36 (2) ◽  
pp. 197
Author(s):  
Caroline Morris

Empirical research carried out in the US in the last 10-15 years reveals that law students are generally dissatisfied with their experiences there. The negative effects of legal education are particularly marked for female students. This study, carried out at Victoria University of Wellington in late 2004 seeks to replicate earlier United States studies and queries whether the influx of female students into law school in the past ten years has effected any change in how law school is experienced. It asks: how comfortable are students with lecturer interactions inside and outside the classroom? with student interactions? how attached are they to their law school? why did they come to law school and how do they feel about their performance while there?


2014 ◽  
Vol 11 ◽  
pp. 27 ◽  
Author(s):  
Margaret Barry

<p>Calls for reform of legal education in India have focused on preparation and relevance. The route to achieving both has consistently been linked to clinical legal education. In 1999, I heard one of the leaders of legal education in India, Dr. Madhava Menon, discuss his goals for clinical legal education in at the first Global Alliance for Justice Education Conference in Trivandrum. I learned at the time that he had been invited to lead a new law school in the country, and he made it clear that clinical legal education would be central to the new law school model that he intended to pursue, a model based on recommendations that grew out of prior assessments of legal education in India. Under this model, law students would be trained to be productive members of a community of lawyers that had refined the skills needed to develop and implement creative  strategies for addressing the pressing demand for social justice in the country. The approach reflected a connection between responsibility for the underserved and goals for clinical legal education in India that dates back to collaboration with academics from the United States in the late 1960’s.</p>


2018 ◽  
Vol 108 ◽  
pp. 477-482 ◽  
Author(s):  
Daniel Fehder ◽  
Michael Porter ◽  
Scott Stern

Though economists have long recognized that GDP is not by itself a measure of societal well-being, most GDP alternatives incorporate direct measures of economic performance. We propose instead an independently constructed measure, a social progress index, focusing exclusively on noneconomic dimensions of societal performance, highlighting three core dimensions—basic human needs, foundations of well-being, and opportunity. GDP and social progress are correlated but distinct, the social progress dimension least related to GDP (opportunity) is strongly related to subjective well-being, and the relationship between social progress and well-being is greater for individuals at lower relative income and educational attainment.


2019 ◽  
Vol 3 (Supplement_1) ◽  
pp. S140-S141
Author(s):  
Jinhui Li ◽  
Chen Li ◽  
Bing Xun Chia ◽  
Xinran Chen ◽  
Tan Phat Pham ◽  
...  

Abstract Exergaming has become an important part of community programs to promote regular exercise and improve well-being for healthy aging. This study examines how different types of social playing and competitive information in exergaming affect older adults’ inter-generational communication with youth, as well as their motivation to regular exercise through exergaming. A 2 (time: pre-test vs. post-test) * 3 (social play: play alone vs. play with elderly vs. play with youth) * 2 (competition: competition informed vs. non-competition informed) mixed experiment with 319 Singaporean older adults conducted over six weeks in 2018, analyzed through a series of three-way repeated ANOVAs. Results show significant three-way interaction effects among time, social type, and competitive information on older adults’ inter-generation communication (F (2, 300) = 3.206, p = .042, η2 = .021), extrinsic motivation (F (2, 301) = 3.364, p = .036, η2 = .022) and intrinsic motivation (F (2, 303) = 4.528, p = .012, η2 = .029). The inter-generational communication of participants in play with youth shows significant improvement over time in both competition conditions, while those in play with elderly was only significantly improved in competitive informed condition. Social play is found to significantly affect the changes of both intrinsic and extrinsic motivation over time, while competitive information only affects intrinsic motivation significantly. The findings make contributions to aging research and understanding of potential factors that promote inter-generational communication and adherence to regular exercise via exergaming.


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