scholarly journals Role of Legal Theory in Legal Education

2021 ◽  
Vol 4 (03) ◽  
Author(s):  
Eva-Maria Svensson ◽  
Erik Björling

The article addresses the role of legal theory in legal education. Today, a multitude of perspectives is present within legal theory and, as a subject, it is not as distinct as it is sometimes claimed to be. It is evident when considering syllabuses in the Nordic countries that nearly all LLM programmes have ambitions to teach legal theory as embracing a multitude of theoretical and methodological perspectives. This multitude of perspectives promises adaptable content for the subject of legal theory in various legal contexts, and could facilitate a reflection on how knowledge is acquired and why. The challenge addressed in the article is the presence of explicit or implicit ideas from the subject of legal theory as comprising a coherent “legal method” and a specific list of accepted theories. The persistence of such ideas is scrutinised in this article with help of the concepts of “professional knowledge” and “scholarly knowledge”. In order to navigate the complex field of legal theories, students need meta-reflective skills, which means the ability to reflect upon the underlying complexity and multitude of the subject. This is shown by a case study from the Department of Law at the University of Gothenburg, together with examples from curricula and textbooks from legal theory courses across the Nordic countries.

2016 ◽  
pp. 33-50
Author(s):  
Pier Giuseppe Rossi

The subject of alignment is not new to the world of education. Today however, it has come to mean different things and to have a heuristic value in education according to research in different areas, not least for neuroscience, and to attention to skills and to the alternation framework.This paper, after looking at the classic references that already attributed an important role to alignment in education processes, looks at the strategic role of alignment in the current context, outlining the shared construction processes and focusing on some of the ways in which this is put into effect.Alignment is part of a participatory, enactive approach that gives a central role to the interaction between teaching and learning, avoiding the limits of behaviourism, which has a greater bias towards teaching, and cognitivism/constructivism, which focus their attention on learning and in any case, on that which separates a teacher preparing the environment and a student working in it.


2017 ◽  
Vol 2 ◽  
Author(s):  
Veronika Keir

<div class="page" title="Page 3"><div class="layoutArea"><div class="column"><p><span>Veronika is a recent graduate from the Honours Legal Studies program at the University of Waterloo. Her passions are socio-legal research, policy development, feminist legal theory, and crime control development. Veronika is currently working a full-time job at Oracle Canada, planning on pursuing further education in a Masters program. </span></p></div></div></div>


Author(s):  
Rennie Naidoo

The purpose of this article is to stimulate debate about the developing paradoxes and dilemmas facing the university academic. This article argues that academics are increasingly being steeped in an inauthentic existence due, at least partly to, egocentrism and sociocentrism. A modest transdisciplinary- existential analytical framework is applied as an intellectual method to reflect on the prevailing monological perspectives stifling the role of academics, in working towards building a more sustainable future. Using concepts such as the subject, facticity and transcendence, the article investigates the dialectical tensions between some of these monological perspectives and proposes avenues to create new possibilities to progress the role of the academic. The article argues that the multilogical perspectives of transdisciplinary thinking and the empowering perspectives of existential thinking can provide academics with the necessary conceptual tools to transcend egocentrism and sociocentrism. While it is likely that new contradictions will emerge as a result of this synthesis, open-minded academics are urged to ignite their imaginative powers and take up the challenge of creating and acting on new possibilities. A transdisciplinary-existential dialectical approach can provide a richer understanding of present dilemmas in academia and the world, and suggest more satisfying paths to a sustainable future.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Fred Cooper ◽  
Charlotte Jones

PurposeThis paper explores the dissonance between co-production and expectations of impact in a research project on student loneliness over the 2019/2020 academic year. Specific characteristics of the project – the subject matter, interpolation of a global respiratory pandemic, informal systems of care that arose among students and role of the university in providing the context and funding for the research – brought co-production into heightened tension with the instrumentalisation of project outputs.Design/methodology/approachThe project consisted of a series of workshops, research meetings and mixed-methods online journalling between 2019 and 2020. This paper is primarily a critical reflection on that research, based on observations by and conversations between the authors, together with discourse analysis of research data.FindingsThe authors argue that co-producing research with students on university contexts elevates existing tensions between co-production and institutional valuations of impact, that co-production with students who had experienced loneliness made necessary space for otherwise absent support and care, that the responsibility to advocate for evidence and co-researchers came into friction with how the university felt the research could be useful and that each of these converging considerations are interconnected symptoms of the ongoing marketisation of HE.Originality/valueThis paper provides a novel analysis of co-production, impact and higher education in the context of an original research project with specific challenges and constraints. It is a valuable contribution to methodological literatures on co-production, multidisciplinary research into student loneliness and reflexive work on the difficult uses of evidence in university contexts.


2021 ◽  
pp. 109-123
Author(s):  
Anna Kowalewska

This paper presents the scientific and educational activities of Professor Andrzej Jaczewski in the field of training pedagogues in the biological and medical foundations of development and upbringing. These activities were an important part of the concept of comprehensive student care advocated by Professor Jaczewski. His scouting experience, his work as a doctor, a secondary school teacher, or a research and didactic staff member at the Medical Academy and the Institute of Mother and Child at the University of Warsaw, as well as his cooperation with other research and teaching centres in Poland and abroad, played an important role in shaping his views on the training of pedagogues in medical issues. The paper presents the process of implementation and realisation of the subject “Biomedical foundations of development and upbringing” at pedagogical faculties in Poland with particular emphasis on the role of Professor Andrzej Jaczewski in this process. The article discusses activities concerning education in medical issues of the local and nationwide range carried out at the Faculty of Education of the University of Warsaw. Finally, Prof. Jaczewski’s suggestions and dreams concerning the future of the subject “Biomedical foundations of development and upbringing” in the education of pedagogues are referred to.


Author(s):  
Tuncer Asunakutlu ◽  
Kemal Yuce Kutucuoglu

This study reviews some of the prominent ranking systems with a view to shed more light on what may constitute a critical success factor in the field of higher education. In the first part, the ranking systems are reviewed and the key principles are explained. A brief description of how institutions use ranking information is also included. In the second part of the study, the subject of internationalization in the context of ranking systems is discussed. The main challenges of competitiveness in higher education and the increasing role of internationalization are expressed. The chapter also describes threats and opportunities for the future of higher education. This section also includes suggestions for higher education administrators. In the third part, the subject of ranking with particular focus on the university-industry collaboration and its effects on the future of higher education are discussed. The role of the industry and the changing mission of the universities in the new era are explained.


2018 ◽  
Vol 4 (4) ◽  
pp. 134-139
Author(s):  
Mykola Inshyn ◽  
Yurii Міroshnychenko ◽  
Yurii Paida

The aim of the article is to explore the place and role of the Constitutional Court of Ukraine in the mechanism of constitutional cultural rights and freedoms protection within the context of Ukrainian constitutional justice reforming. The subject of research is the protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine. Methodology. Scientific research is based on the use of philosophical, general, and special scientific methods and techniques of scientific cognition. The dialectic method allows examining the phenomenon of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine within the dynamics of its evolution and interaction with other legal concepts. The systemic method made it possible to present the mechanism of protection of constitutional cultural rights and freedoms of citizens as a combination of interrelated elements. The formal-legal method was used to analyse the regulatory framework of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine along with relevant decisions of this judicial body. Results obtained upon completion of the research give an opportunity to claim that the protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine may be performed on the basis of both direct and indirect access of persons to the constitutional jurisdiction body through the regulatory compliance assessment (constitutional recourse and initiation of legal action by certain state power bodies and its officials through constitutional claim filing). Practical outcomes. Research provides: examination of doctrinal and applicable aspects of the Constitutional Court of Ukraine activity on the protection of constitutional rights and freedoms of citizens; characteristics of general theoretical essence of constitutional cultural rights and freedoms of citizens with distinguished types; analysis of peculiarities of protection of constitutional cultural rights and freedoms of citizens by the Constitutional Court of Ukraine in the course of its powers exercising. Value/originality. On the basis of a comprehensive study of constitutional doctrine, Ukrainian legislation and implementation practices certain proposals are elaborated regarding the improvement of the effectiveness of the Constitutional Court of Ukraine activity in the area of protection of constitutional cultural rights and freedoms of citizens.


2021 ◽  
Vol 10 (38) ◽  
pp. 168-177
Author(s):  
Boris Perezhniak ◽  
Dariia Balobanova ◽  
Liliia Timofieieva ◽  
Olena Tavlui ◽  
Yuliia Poliuk

One of the most important places among the universally recognized rights is the right to a fair trial. The essence of this right is that any violated right can be restored through a particular procedure. In the absence of an effective method for the protection of rights and interests, the rights and freedoms recognized and enshrined in law are only declarative provisions. Given the significant role of the right to a fair trial and changes in its provision under quarantine restrictions, it is necessary to analyze the content of this right, highlight principal requirements and problematic aspects of implementation given the current conditions of social relations. The purpose of the work is to analyze the content of the right to a fair trial. The subject of the study is the social relations that arise, change, and terminate during the exercise of the right to a fair trial. The research methodology includes such methods as a statistical-mathematical method, method of social-legal experiment, cybernetic method, comparative-legal method, formal-legal method, logical-legal method, and method of alternatives. The study will analyze the content of the right to a fair trial as international law and national law, its impact and interaction with the national legal system of Ukraine, which includes theoretical, applied, and common law aspects and conceptual rethinking in an era of quarantine restrictions.


2021 ◽  
Vol 10 (37) ◽  
pp. 86-92
Author(s):  
Vitalii Makarchuk

The purpose of the article is to examine the role of the National Police of Ukraine in ensuring the information security of Ukraine. The subject of the study: The subject of the study is the competence of the National Police of Ukraine in ensuring the information security of Ukraine. Methodology: Dialectical method, epistemological method, analytical method, formal and legal method, normative and dogmatic method, the methods of legal modeling and forecasting were used in the research. The results of the study: The definition of “information security” and “cyber security” is provided. The main factors that negatively affect the information space in Ukraine, as well as current threats to Ukraine’s national security in the information sphere are identified. Practical implications: It is established that the number of crimes in the information sphere is growing every year. In this regard, the task of the National Police is to combat crimes and other offenses in this area, as well as to protect relevant rights and freedoms of citizens, society and the State. Value/originality: The tasks and powers in the area of information security protection of the National Police in general and the Department of Cyber Security, in particular, are defined.


Author(s):  
Vilma de Camargo Guimarães ◽  
Keila Mourana Marques Silva ◽  
Sônia Maria Souza Ferrari

Pretende-se discutir aqui um caminho para Educação de Jovens e Adultos- EJA para além da escolarização pautando-se na experiência da Região Metropolitana de Campinas, fundamentando-se nos documentos da VI CONFINTEA- Conferência Internacional de Educação de Adultos. À luz desse documento reflete-se o modelo de Educação de Jovens e Adultos posto hoje, trazendo as reflexões de alguns autores com o objetivo de rediscutir o papel da EJA para além da escolarização - para quem, para que e como educamos? Apresenta-se uma proposta de inclusão escolar dentro de um projeto, que contempla uma massa marginalizada de sujeitos que não teve acesso à escola e tão pouco vislumbrava isso como possibilidade, apontando os benefícios de uma educação ampla garantindo a humanização, reinserção escolar e social, mais qualidade de vida, acesso aos bens públicos, conscientização social, política e ambiental. Discutem-se as dificuldades administrativas e pedagógicas de uma educação sociocomunitária para além da escolarização esbarrando desde as políticas públicas até a formação dos professores, trazendo um pouco a trajetória da educação sociocomunitária no Brasil com a filosofia de Paulo Freire e propondo a construção de novas formas de atuação. Aponta se para os desafios da EJA, o modelo de alfabetização e ensino hoje e a compreensão da educação ao longo da vida que pressupõe a construção de Projetos Pedagógicos diferenciados. Questiona-se ainda às propostas assistencialistas que apenas tem como finalidade ocupar o tempo dos sujeitos. A construção de uma sociedade melhor passa necessariamente pela educaçãoque continua formando e educando os sujeitos em todas as idades para serem construtores ativos dessa sociedade que deve ser de todos.Palavras-chave: Educação de Jovens e Adultos. Inclusão. Educação Sociocomunitária. AbstractThe Challenges of Youth and Adult Education: include path beyond schoolingWe intend to discuss here a path for Youth and Adults - EJA beyond schooling basing on the experience of the Metropolitan Region of Campinas , basing itself in thedocuments of CONFINTEA VI International - Conference on Adult Education . In light of this document reflects the model of Youth and Adult Education office today, bringing the reflections of some authors in order to revisit the role of adult education beyond schooling - to whom, for what and how we educate? We present a proposal for inclusion in a school project, which includes a mass of marginalized subjects who did not have access to school and envisioned it as little as possible, pointing out the benefits of a broad education ensuring humanization, school and social reintegration better quality of life , access to public goods, social awareness, and environmental policy. We discuss the administrative and pedagogical problems of a socio- communitarian education beyond schooling bumping from public policy to teacher training, bringing a bit of the trajectory socio-communitarian education in Brazil with the philosophy of Paulo Freire and proposing the construction of new forms of action. Pointing to the challenges of adult education, the model of literacy and education today and understanding of lifelong education which presupposes the construction of differentiated pedagogical projects. Still questioned the welfare proposals that only aims to occupy the time of the subject. Building a better society necessarily requires education that continues forming and educating the subjects at all ages to be active builders of that company that should be everyone.Keywords: Youth and Adult Education. Inclusion. Socio-communitarian Edu- cation. ResumenLos retos de la juventud y la educación de adultos: hacia la inclusión más allá de la educaciónLa intención es discutir aquí un camino para Jóvenes y Adultos-EJA allá de la enseñanza, basándose en la experiencia de la FUMEC en la Región Metropolitana de Campinas, y en el Documento de la CONFINTEA VI- Encuentro Internacional sobre Educación de Adultos. A la luz de este documento refleja el modelo de jóvenes y adultos hoy en día, con lo que las reflexiones de algunos autores con el fin de revisar el papel de la educación de adultos más allá de la educación - ¿A quién, para qué y cómo educamos? Se presenta una propuesta para su inclusión en un proyecto de la escuela, que incluye una gran cantidad de temas marginados que no tienen acceso a la escuela y lo imaginó lo menos posible, señalando los beneficios de una amplia educación garantizando la humanización, la escuela y la reintegración social, mejor calidad de vida, el acceso a los bienes públicos, la conciencia social y la política ambiental. Se discuten las dificultades pedagógicas y administrativas de una educación socio-comunitaria más allá de la escolarización, golpes de la política pública para la formación del profesorado, con lo que un poco de historia de la educación en Brasil con la filosofía socio-comunitaria de Paulo Freire y proponer la construcción de nuevas formas de la acción. Señala los desafíos de la EJA, el modelo de la alfabetización y la educación de hoy como también la comprensión de la educación permanente que requiere una construcción de proyectos pedagógicos diferenciados. Se preguntó propuestas de bienestar que sólo tiene como objetivoocupar el tiempo del sujeto. La construcción de una sociedad mejor pasa necesariamente por la educación que sigue formando y educando a las personas en todas las edades para ser constructores activos de esa empresa que debe ser de todos.Palabras-clave: Educación de Jóvenes y Adultos. Inclusión. Educación Socio Co- munitaria. Revisor do inglês: Prof. Ms. Wellington da Silva OliveiraRevisor do espanhol: Prof. Lilian de Souza


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