validity of adopting the outcome suggested. In the court room, both parties put forward arguments and the judge chooses the argument that is either the most persuasive or that is the closest to the judge’s own belief concerning the outcome of the case. So far, in this text, there have been opportunities to read judgments and the judges have presented their decisions in the form of reasoned responses to the questions posed by the case. In the classroom, students are constantly called upon to practise and refine their skills in legal problem solving by engaging in reasoning processes leading to full scale argument construction. For the practising lawyer, a valid argument is of the utmost importance. Decisions as to right action can only be made by people who are able to distinguish between competing arguments and determine that, in a given set of circumstances, one argument is more valid than another. Judges are, of course, the ultimate arbiters of the acceptable decision. Sometimes, this decision is quite subjective. 7.7.1 Logic It is generally believed that academic and professional lawyers and, indeed, law students, are well skilled in the art of reasoning. Furthermore, it is believed that they are people who argue ‘logically’. To most, the term ‘logical’ indicates a person who can separate the relevant from the irrelevant, and come to an objective view, based often on supposedly objective formula. Colloquially, people accuse others, who change their mind or who are emotional in their arguing, of allowing their emotions to get the better of them, of ‘not being logical’. The dictionary defines logic as the science of reasoning, thinking, proof or inference. More than that, logic is defined as a science in its own right—a subsection of philosophy dealing with scientific method in argument and the uses of inference. Hegel called logic the fundamental science of thought and its categories. It certainly claims to be an accurate form of reasoning: its root is found in the Greek word logos meaning reason. Figure 7.7: a definition of logic

2012 ◽  
pp. 227-227
Author(s):  
Banu Ozkeser

TRIZ, a Russian acronym for the Theory of Inventive Problem Solving, is an approach for systematic innovation planning. In the Theory of Inventive Problem Solving (TRIZ), the overall aim is the development of an enhanced methodology for a smooth innovation mapping. It is also a way of technology management. The base of TRIZ depends on organisational ecology and sustainability concepts. Should a foundation use this scientific method, then, sustainable innovation can easily occur there. In this paper, conceptualised combinations will be further investigated, tested and applied in subsequent phases and results. The organization of this paper has four major phases. The first part is composed of general terminology, benefits of the method and rules. The second part gives information about the definition of the problem and the details of the way which is used. Concept of the third phase is about the implementation. The results, comments and recommendations form the last phase.Keywords: TRIZ, sustainability, innovation.


2013 ◽  
Vol 18 (2) ◽  
pp. 315
Author(s):  
Kathy Douglas

Alternative or Appropriate Dispute Resolution (‘ADR’) is a crucial area for lawyers to understand in order to engage in present day legal practice. ADR is now common in courts and the community and is supported by legal policy at both federal and state levels. Learning about ADR can contribute to the moulding of law students’ professional identity so that they are better able to engage in commonly used processes such as negotiation and mediation. This article discusses research into the teaching of ADR in legal education. It draws on a project where the teaching of ADR was researched in depth to examine the content and pedagogy of this area of the legal curriculum. The article argues that ADR is an important part of legal education as it can assist law students to develop non-adversarial, holistic approaches to legal problem-solving.


2018 ◽  
Author(s):  
Brett Buttliere

Over the last decade, there have been many suggestions to improve how scientists answer their questions, but far fewer attempt to improve the questions scientists are asking in the first place. The goal of the paper is then to examine and summarize synthesize the evidence on how to ask the best questions possible. First is a brief review of the philosophical and empirical literature on how the best science is done, which implicitly but not explicitly mentions the role of psychology and especially cognitive conflict. Then we more closely focus on the psychology of the scientist, finding that they are humans, engaged in a meaning making process, and that cognitive conflict is a necessary input for any learning or change in the system. The scientific method is, of course, a specialized meaning making process. We present evidence for this central role of cognitive conflict in science by examining the most discussed scientific papers between 2013 and 2017, which are, in general, controversial and about big problems (e.g., whether vaccines cause autism, how often doctors kill us with their mistakes). Toward the end we discuss the role of science in society, suggesting science itself is an uncertainty reducing and problem solving enterprise. From this basis we encourage scientists to take riskier stances on bigger topics, for the good of themselves and society generally.


Ratio Juris ◽  
1990 ◽  
Vol 3 (2) ◽  
pp. 201-218 ◽  
Author(s):  
ROBERT KOWALSKI ◽  
MAREK SERGOT

2020 ◽  
Vol 1 (18) ◽  
pp. 25-33
Author(s):  
Nuray Celik ◽  
Melike Yaman

Mobbing is a phenomenon which has existed since employment relationships were established in business life. But this issue has been taken into consideration as a legal problem only relatively recently. Thus, within the scope of our work, the definition of mobbing shall be clarified. Moreover, Turkish legislation and judicial opinion regarding mobbing will be analysed.


2018 ◽  
Vol 26 (1) ◽  
pp. 70
Author(s):  
Rômulo César Silva ◽  
Alexandre Ibrahim Direne ◽  
Diego Marczal ◽  
Ana Carla Borille ◽  
Paulo Ricardo Bittencourt Guimarães ◽  
...  

The work approaches theoretical and implementation issues of a framework for creating and executing Learning Objects (LOs) where problem-solving tasks are ordered according to the matching of two parameters, both calculated automatically: (1) student skill level and (2) problem solution difficulty. They are formally defined as algebraic expressions. The definition of skill level is achieved through a rating-based measure that resembles the ones of game mastery scales, while the solution difficulty is based on mistakes and successes of learners to deal with the problem. An empirical study based on existing students data demonstrated the suitability of the formulas. Besides, the motivational aspects of learning are considered in depth. In this sense, it is important to propose activities according to the student’s level of expertise, which is achieved through presenting students with exercises that are compatible with the difficulty degree of their cognitive skills. Also, the results of an experiment conducted with four highschool classes using the framework for the domain of logarithmic properties are presented.


2020 ◽  
Vol 8 (5) ◽  
pp. 2896-2899

Ergonomic improvement in assembly line is the thing which the term generally refers to the scientific method of creating a favorable work and work space which demands to the ability of the workers. Ergonomic configuration is important to guarantee high efficiency, keep away from alignment and damage, and lift fulfillment and confidence among the workforce. More than satisfied and fulfilled workforce, work cells made of ergonomic structure offer noteworthy incentive to producers in terms of lesser output and worker compensation premiums. The system will be reactive or proactive when applying ergonomics. In reactive ergonomics, identifying current problems and take measures to correct them. In proactive ergonomics, seeing areas that can be improved and fix the issues before they become large problems. Each organization ensures the safety and comfortable environment of their workers, in turn they believe in increased quality and in performance ergonomically designed work cells and working equipments are the key area to be concentrated. In this study the problem is analyzed through pareto chart and cause and effect diagram one issue is taken as pallet transfer manual because of this manual pallet transferring workers facing issue like back pain and for this is a solution of ergonomically designed trolley to reduce worker fatigue and the productivity was improved by using major problem solving tools.


Author(s):  
Laura L. Liptai

The Scientific Method Is Utilized In Order To Understand The Relationship Among Observations Of Physical Phenomena, While Minimizing The Influence Of Human Bias And Maximizing Objectivity. Specific Procedures For The Application Of The Scientific Method Vary From One Field Of Science To Another, But The Investigative Technique Universally Provides For An Analytical Framework To Acquire, Collect And/Or Integrate Knowledge. Engineering Forensics Involves The Analysis Of The Parameters Or Cause(S) Of Incidents Or Failures And/Or Hypothetical Prevention Methods. Engineering Analysis Of Forensic Problems Is A Multifaceted, Multidisciplinary Pursuit That Is Often Wide In Scope. Forensic Engineering Generally Applies Existing Science In Conjunction With The Knowledge, Education, Experience, Training And Skill Of The Practitioner To Seek Solution(S). The Scientific Method, Including Definition Of A Null Hypothesis, Is Rarely Utilized In Forensics As New Science Is Rarely Required. A Forensic Engineering Investigation Typically Involves The Application Of Long Established Science (Newtons Laws, For Example). Forensic Engineering Encompasses The Systematic Search For Knowledge Necessitating The Observation And Definition Of A Problem; The Collection Of Data Through Observation, Research, Experimentation And/Or Calculation; The Analysis Of Data; And The Development And Evaluation Of Findings And Opinions. The Ultimate Objective Of A Forensic Engineering Investigation Is Uncompromised Data Collection And Systematically Considered, Iteratively Derived And Objectively Balanced Conclusions.


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