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Dissertations / Theses on the topic 'Canon law, study and teaching'

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1

Abate, Eshetu. "The Apostolic tradition a study of the texts and origins, and its eucharistic teachings with a special exploration of the Ethiopic version /." Theological Research Exchange Network (TREN), 1988. http://www.tren.com.

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2

O'Loughlin, Brian Geoffrey. "Marriage: A covenant and consortium totius vitae: Scriptural basis, conciliar teaching and the revised Code of Canon Law." Thesis, University of Ottawa (Canada), 1985. http://hdl.handle.net/10393/20900.

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3

Edgerly-Dowd, Tammy L. "A study of the requisite knowledge for marriage a comparison between the 1917 and 1983 Codes of canon law /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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4

Woytek, Robert J. "The confirmation of Latin rite infants by Eastern presbyters a canonical-historical study /." Theological Research Exchange Network (TREN), 1997. http://www.tren.com.

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5

Servinsky, Michael E. "A study of simulation in canon 1101 in light of recent British authors and jurisprudence." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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6

Grimes, Edward. "The teaching of canon law and the pastoral formation of future priests, with special reference to the United States." Theological Research Exchange Network (TREN), 1994. http://www.tren.com.

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7

Delgado, Rodolfo. "The impediment of consanguinity in the 1983 Code an historical study and commentary /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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8

Gao, Chao Peng Raphael. "Contraception and the indissolubility of marriage in the teaching of Familiaris consortio an application to the contemporary rural areas of Shaanxi Province, China /." Online full text .pdf document, available to Fuller patrons only, 2004. http://www.tren.com.

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9

Lyons, John Patrick. "A comparative study of imputability in selected portions of canons 1321-1324 of the Code of canon law and the criminal laws of the state of Arizona." Theological Research Exchange Network (TREN), 1996. http://www.tren.com.

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10

Flynn, James-Daniel. "Canon 296 a historical, canonical, and comparative study of the agreements between laity and personal prelatures /." Theological Research Exchange Network (TREN), 2007. http://www.tren.com/search.cfm?p029-0708.

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11

Martínez, Armando. "A study of the difference of error of quality between the 1917 Code of Canon Law and the 1983 Code of Canon Law." Portland, OR : Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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12

Waters, Joseph L. "Appropriate human maturity in suitable sacred ministers a canonical study of Canon 244 /." Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.

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13

Brewer, Dexter Sutton. "A penitent's right to waive the obligation of the seal of confession a comparative study of canon and American law /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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14

Ward, John Benjamin. "A comparative study of the impediments to marriage of the canon law of the Latin rite of the Roman Catholic Church and the law of the state of Maryland." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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15

Byron, Mary. "Transfer of religious a comparative study of the 1917 Code and the 1983 Code /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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16

Mannion, John Patrick. "A comparative study of episcopal conference statutes and by-laws." Theological Research Exchange Network (TREN), 1990. http://www.tren.com.

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17

Peterson, James M. "A comparative study of dismissal in the 1917 and 1983 Codes of canon law particular focus on facultative dismissal (Canon 696) in the revised law /." Theological Research Exchange Network (TREN), 2007. http://www.tren.com/search.cfm?p029-0695.

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18

Holtz, James Anthony. "Historical-comparative study on the law governing mixed marriages 1917 code to the present /." Theological Research Exchange Network (TREN), 1999. http://www.tren.com.

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19

Small, Andrew. "The contribution to ecclesiology of the teaching on the role of the religious priest in the life of the Church, in the documents of the Holy See from Mutuae relationes to Vita consecrata." Online full text .pdf document, available to Fuller patrons only, 2000. http://www.tren.com.

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20

Kopec, Jerome Edward. "The teaching office of the pastor a comparison of the 1917 and 1983 Codes of canon law /." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.

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21

Connelly, Christopher D. "Pastors of souls and the diligent teaching about the most holy Eucharist." Theological Research Exchange Network (TREN), 2007. http://www.tren.com/search.cfm?p029-0704.

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22

Greene, Lorelei. "Perceptions Of Women Leaders In A Catholic Archdiocese| A Phenomenological Study." Thesis, Pepperdine University, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10635161.

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This research focused on women leadership within the Catholic Church and the women leaders’ perceptions of their leadership effectiveness. The problem is that there is a lack of research that investigated perceptions of women and leadership within the Catholic Church. The purpose of the phenomenological qualitative study was to explore how women perceive themselves as leaders in the Catholic Church of the Archdiocese of Los Angeles and how they see others’ perceptions of them as leaders in the Catholic Church in the greater Los Angeles area. A qualitative methodology with a phenomenological research design was used because there was a need to explore the lived experiences of individuals to understand the phenomenon under investigation. The researcher addressed this purpose by conducting long interviews with 30 purposefully selected participants who currently work in ministry or administrative roles in the Catholic Church in the Los Angeles Archdiocese. The researcher used the feminist theory as a guide in conducting the data collection and analysis for the study. Analysis through the modified van Kaam method revealed themes of effectiveness, dedication, acceptance, servant leadership, calling, and a lack of resources. All participants reported perceiving gender-based barriers and a gender divide between them and male colleagues. Despite these obstacles, women accepted their roles as servants and leaders. Further study should be conducted to explore additional roles for women in the Church and to examine how gender-based obstacles and barriers might be effectively resolved both in the Los Angeles Archdiocese and elsewhere. Moreover, practical implication or recommendation for the study will be for the archdiocese to develop a formal mentorship program to prepare women to enter the leadership positions within the church. Also, the policy-based recommendation would be for representatives from the church, including women members, to write to the Archdiocese to promote awareness about the gender inequality that exists in the church leadership. These interactions with governing body of the church can help promote policy reforms to make leadership more accessible to women. Through policy reforms, women can be trained to be involved in tasks of high-level positions in the church.

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23

Tran, Anh Q. "A comparative study of the personnel policies for the laity of the Diocese of Fort Worth in the light of the Code of canon law." Theological Research Exchange Network (TREN), 1996. http://www.tren.com.

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24

Yacobi, Francis X. "Requirements and effects of perpetual or definitive profession in religious institutes a comparative canonical study /." Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.

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25

Rosera, Steve E. "Infant confirmation in the archdiocese of Santa Fe a study in customary law in the 1983 code /." Theological Research Exchange Network (TREN), 1988. http://www.tren.com.

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26

Payne, John Joseph. "The fundamental right to a good reputation a study of Canon 220 in light of the Charter for the protection of children and young people /." Theological Research Exchange Network (TREN) Theological Research Exchange Network (TREN) Access this title online, 2006. http://www.tren.com.

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27

Janik, Leszek Tomasz. "The obligation of the priest to celebrate the eucharist a comparative study of canon 805 of the 1917 Code and canon 904 of the 1983 Code /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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28

Cella, John Henry. "A study of the concept of a clerical institute from the 1917 Code to the 1983 Code." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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29

Wajda, Joseph Louis. ""Due process" in the Archdiocese of Saint Paul and Minneapolis a historical and analytic study /." Theological Research Exchange Network (TREN), 1994. http://www.tren.com.

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30

Idoko, Emmanuel Ojaje. "The curia in a diocese in dearth of personnel Otukpo Catholic Diocese as a case study /." Online full text .pdf document, available to Fuller patrons only, 2000. http://www.tren.com.

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31

MacCormack, Alan. "The term "privilege" : a textual study of its meaning and use in the 1983 code of canon law /." Roma : Ed. Pontificia Univ. Gregoriana, 1997. http://www.gbv.de/dms/spk/sbb/recht/toc/279626304.pdf.

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32

Wells, Emmett G. "A comparative study of the right of defense in canonical penal law and in American criminal law." Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.

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33

Cox, Craig Arthur. "An evaluation of matrimonial trials of nullity a study in theology and law /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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34

Morrison, Carl T. "The recipient of the sacrament of the anointing of the sick a canonical study of the development from the Pio-Benedictine Code of canon law (1917) to the revised Code of canon law (1983) /." Theological Research Exchange Network (TREN), 1986. http://www.tren.com.

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35

Grimaldi, Joseph Raymond. "The role of pastors of souls in Catholic education a comparative study of the 1983 code in light of Vatican II and post-conciliar documents /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.

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36

Bombardier, Gerald Ward. "A canonical study of rights to health care coverage for suspended priests of the diocese of Burlington." Theological Research Exchange Network (TREN), 1995. http://www.tren.com.

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37

Waters, Ian Benjamin. "Australian conciliar legislation prior to the 1917 Code of Canon Law: A comparative study with similar conciliar legislation in Great Britain, Ireland, and North America." Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5997.

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38

Brunetta, M. Juan Diego. "The spiritual and juridical bonds in the Order of Preachers a canonical study /." Online full text .pdf document, available to Fuller patrons only, 2001. http://www.tren.com.

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39

Scicluna, Charles J. "The essential definition of marriage according to the 1917 and 1983 codes of canon law : an exegetical and comparative study /." Lanham [u.a.] : Univ. Press of America, 1995. http://www.gbv.de/dms/spk/sbb/recht/toc/278964761.pdf.

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40

Maclean, Hector Roderick 1950. "Learning literacies in the law : constructing legal subjectivities." Monash University, School of Literary, Visual and Performance Studies, 2003. http://arrow.monash.edu.au/hdl/1959.1/5792.

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41

Horn, Francis Joseph. "A canonical study of the ownership of the property of Malvern Preparatory School." Theological Research Exchange Network (TREN), 1995. http://www.tren.com.

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42

Tremel, Shirley Lynn. "Investigating Student Understanding of the Law of Conservation of Matter." PDXScholar, 2011. https://pdxscholar.library.pdx.edu/open_access_etds/343.

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The purpose of this study was to gather information about how students learn the foundational concept of conservation of matter during a non-chemistry unit on the rock cycle. The unit covered the rock cycle, rock types, and the law of conservation of matter and took place in a sixth grade classroom of 30 students. A mixed methods, quasi-experimental, pre-post, delayed post design was used to measure student understanding of the concept of conservation of matter as it relates to the rock cycle. Students made significant learning gains from pre-test to post-test and showed mastery in less complex subject areas, but struggled to learn the more complex concept of conservation of matter. More research is needed in order to gain a greater understanding of how students learn difficult foundational concepts such as conservation of matter, and how they are able to apply their understanding across disciplines in science. This study offers suggestions for future work including a series of questions to assess student misconceptions about matter, and how to use those questions to measure students' ability to transfer knowledge to different learning contexts. The recommended questions ask students to transfer knowledge from the conservation of matter as it applies to the rock cycle to chemistry concepts including conservation of matter, mass and volume.
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43

Garland, Denise Michelle. "Law enforcement instructor effectiveness guidebook." CSUSB ScholarWorks, 2001. https://scholarworks.lib.csusb.edu/etd-project/1840.

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44

Muyebe, Stanslaus C. "The canon law framework for arbitration of delictual disputes in the Roman Catholic Church of South Africa : a critical and comparative study." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50469.

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Thesis (DTh)--Stellenbosch University, 2005
ENGLISH ABSTRACT: In his analysis of conflict resolution in the church sector, Professor Coertzsen (1998:69) points out that disputes occur also within the churches. While some of the disputes are purely doctrinal, others fall into the category of civil disputes. Professor Rik Torfs in an article (1998:27) observes that the Catholic Church is increasingly becoming a site of civil dispute. These include delict claims. Examples of these are: financial loss as a result of unfair suspension or dismissal from a clerical position; financial loss or loss of reputation resulting from unfair dismissal from a religious congregation; damage to a child or adult arising from being sexually abused by a priest or religious or lay person. When delictual disputes occur, state courts have civil jurisdiction over them. At the same time, the South African Arbitration Act 42 of 1965 allows the parties to a delictual dispute to arbitrate their case as an alternative to civil litigation. This trend is gaining currency in the post-apartheid South Africa. In principle, therefore, church members may refer their delictual disputes for arbitration, instead of entering into civil litigation. Church members, thus, have the choice to have their case arbitrated, and church leaders need to make it clear to members that they also have the right to bring their case to the state courts. This study highlights the need for the churches to have an office of contlict resolution. The office may then advise church members who have a delictual dispute on the options available to them. The office may have a list of lawyers (Christian lawyers) who are willing and able to arbitrate on matters referred to them by other Christians. When the parties decide to have their delictual case arbitrated by lawyers, the determination as to whether a person is legally liable for damage repair requires a legal framework. Unlike the situation in civil litigation, the parties who opt for arbitration have the freedom to decide on the legal framework that the arbitrator should use in determining liability. Catholic Church members who are parties to a dispute may, for example, jointly agree that the arbitrator employ the internal law of the Catholic Church, namely the canon law framework. This study envisages a situation where the parties have jointly agreed to the employment of canon law for the arbitration of their case. When the disputants and the arbitrators engage in discussion and decide on whether to use canon law, they need to ask themselves the following questions: (I) What principles and rules of law has canon law established for the determination of the issue at dispute? (2) How do the standards of justice in canon law differ from those in secular law? What provisions invoked by the arbitrators would result in gross injustice to the claimant? (3) If the provisions of canon law would result in gross injustice to the claimant, the church members who are parties to a dispute may choose to rectify and supersede the limitation inherent in canon law. The question arises: to what provisions in secular law are the arbitrators and Church members able to resort to compensate for the limitations of canon law? (4) How do the standards of justice in canon law differ from Biblical standards? To what biblical messages might the arbitrators and the church members resort to overcome the limitations in canon law? While recognising the value of the fourth question, this study limits itself to the first three. It is hoped that future studies will address the fourth question. The present study attempts to answer the first three questions by means of a critical comparative analysis of the framework that canon law has established for determining the various possible issues at dispute. In the study it is argued that the employment by an arbitrator of some of the provisions in canon law would result in gross injustice. The disputants need to take note of these before they mandate the arbitrator to apply canon law in their case.
AFRIKAANSE OPSOMMING: In sy analise van kontlikoplossing in die kerk, wys professor Coertzen (1998:69) daarop dat geskilpunte ook binne kerke plaasvind. Terwyl sommige hiervan suiwer leerstellig is, ressorteer ander onder die kategorie van siviele dispute. In 'n artikel verwys Professor Rik Torfs (1998:27) daarna dat die Katolieke Kerk toenemend 'n plek van siviele dispuut word. Hieronder word onregmatige eise ingesluit . Voorbeelde hiervan sluit in: finansiele verlies as gevolg van onregverdige skorsing of afdanking van 'n geestelike pos; finansiele verlies of verlies aan reputasie wat spruit uit onregverdige ontslag van 'n godsdienstige gemeente; skade aan 'n kind of volwassene wat spruit uit seksuele mishandeling deur 'n priester, 'n godsdienstige of leke persoon. Wanneer onregmatige dispute plaasvind, het staatshowe siviele jurisdiksie daaroor. Terselfdertyd laat die Suid-Afrikaanse Arbitrasie Wet 42 van 1965 toe dat partye tot 'n onregmatige dispuut hul saak kan laat arbitreer as 'n alternatief tot siviele litigasie. In Suid- Afrika het hierdie neiging toegeneem in die postapartheid era. Ous, in prinsiep, mag kerklidmate hul onregmatige dispute verwys vir arbitrasie, in plaas daarvan om hul te wend tot siviele litigasie. Ous het kerklidmate die keuse om hul sake te laat arbitreer, en kerk leiers moet dit aan lidmate duidelik stel dat hulle ook die reg het om hul sake na die staaathowe te neern. Hierdie studie bring die noodsaaklikheid na yore die vir kerke om 'n kantoor te he vir kontlikbeslegting. Die kantoor mag dan kerklidmate wat 'n onregmatige dispuut het adviseer aangaande die alternatiewe wat vir hulle beskikbaar is. Die kantoor mag 'n lys hou van Christel ike prokureurs wat gewillig en bevoeg is om te arbitreer 001' sake wat deur ander Christene na hulle verwys word. Wanneer die partye besluit om hul onregmatige saak deur prokureurs te laat arbitreer, het die vasstelling of 'n persoon wetlik aanspreeklik is vir reparasie van skade 'n wetlike raamwerk. Anders as in die geval van siviele litigasie, het die partye wat besluit op arbitrasie die keuse om te besluit watter wetlike raamwerk die arbiter rnoet gebruik om aanspreeklikheid vas te stel. Lidmate van die Katolieke Kerk, wat partye tot 'n dispuut is, mag, by voorbeeld, gesamentlik besluit dat die arbiter die interne reg van die Katolieke Kerk gebruik, naamlik die kanonieke regsraamwerk. Hierdie studie beoog 'n situasie waar die partye gesamentlik besluit het om die kanonieke reg vir die arbitrasie van hul saak te gebruik. Wanneer die disputante en die arbiters in gesprek tree en besluit of die kanonieke reg gebruik sal word, moet hulle hulself die volgende vrae afvra: (I) Watter prinsiepe en reels van die reg het die kanonieke reg ingestel om die saak van dispuut wat ter sprake is, te bepaal? (2) Hoe verskil die standaarde van die reg in kanonieke reg van die in burgeri ike reg? Watter voorsienings ingestel deur die arbiters sou uitvloei in erge onreg aan die eiser? (3) As die voorsienings van die kanonieke reg sou lei tot erge onreg aan die eiser, mag die kerklidmate, wat partye tot die dispuut is, kies om in die kanonieke reg die beperkings reg te stel en te vervang. Die vraag ontstaan: na watter voorsienings in die kerklike reg kan die arbiters en kerklidmate verwys om te vergoed vir die beperkinge van die kanonieke reg? (4) Hoe verskil die standaarde van die reg in kanonieke reg van die bybelse standaarde? Na watter bybelse boodskappe mag die arbiters en die kerklidmate verwys om die beperkinge in die kanonieke reg te oorkom? Terwyl die waarde van die vierde vraag erken word, word hierdie studie beperk tot die eerste drie. Daar word gehoop dat toekomstige studies die vierde vraag sal aanspreek. Die huidige studie poog om die eerste drie vrae te beantwoord deur middel van 'n krities-vergelykende analise van die raamwerk wat die kanonieke reg ingestel het 0111 verskeie rnoontlike sake van dispuut vas te stel. In hierdie studie word aangevoer dat die indiensneming deur 'n arbiter van sommige van die voorsienings van kanonieke reg sou kon lei tot erge onreg. Die disputante moet kennis neem hiervan voordat hulle die arbiter die mandaat gee om die kanonieke reg in hul geval toe te pas.
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45

Case, Roland. "Understanding judicial reasoning : a conception and rationale for law-related education." Thesis, University of British Columbia, 1989. http://hdl.handle.net/2429/30606.

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The topic of judicial reasoning has been largely excluded from high school law and social studies curricula despite widespread ignorance and misunderstanding among Canadians of the reasoning judges are expected to employ in applying the law. The two biggest obstacles to its inclusion are: (1) insufficient appreciation among educators of the importance of public understanding of judicial reasoning, and (2) a lack of consensus about the nature of judicial reasoning. Accordingly, the major thrusts of this dissertation are to justify why judicial reasoning ought to be part of basic civic education and to articulate a defensible conception of judicial reasoning for educators' use in law-related and public legal education programs. Defensible criteria for theorizing about judicial reasoning are explained and justified by considering different types of theorizing about social practices. Three basic types of theories are identified - formal, causal and ethical theories. It is suggested that the relevant type of theory of judicial reasoning, what I call a formal theory, involves explication of what informed practitioners would accept as the standards operating within their system. This account of theorizing about social practices is defended against objections implied by a rival account of theorizing presented by Dworkin. Dworkin's explication is rejected on the grounds that it conflates a distinction between theories that faithfully represent the standards of proper judicial practice and theories whose account of judicial standards is controlled by instrumental purposes. Building on Hart's conception of law as a union of primary and secondary rules, an account of judicial reasoning is developed in terms of three types of second-order rules. These rules of application, which establish standards for applying the law in particular cases, include rules for determining the legal validity of arguments for a decision, for setting the relative weight of legal arguments, and for verifying the conclusions attributed to a legal argument. Rules of application are organized into three dominant modes or forms of reasoning: (1) reasoning from interpretive guidelines, which refers to a constellation of second-order rules that govern application of law by determining a law's meaning; (2) reasoning from prior cases, which deals with rules governing application of law in light of previous judicial decisions; and (3) reasoning from principle, which involves rules for assessing the implications of potential judicial decisions in light of other legal standards. Specific judicial decisions and general judicial practices are explicated in terms of these modes of reasoning. This account of judicial reasoning is defended against a number of objections, including challenges posed by the principal rival conception of reasoning about the law - an account of judicial reasoning offered by Dworkin. Teaching high school students about the modes of judicial reasoning is justified because greater public understanding of judicial reasoning is required to combat widespread, potentially damaging, misperceptions of judicial practices. The key elements comprising an adequate lay understanding of judicial reasoning are outlined.
Education, Faculty of
Curriculum and Pedagogy (EDCP), Department of
Graduate
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46

Schwartz, Anita. "A National Mixed Methods Research Study: Defining Reasonable Accommodations in Higher Education for Adult Students with Disabilities." ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/2945.

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The purpose of this study was to examine the perceptions that differ among university personnel and students with disabilities regarding the vagueness in the legal definition of the term reasonable accommodations. The theoretical framework that guided this study was the social model of disability. Using a sequential mixed-method design, the first strand surveyed 98 students and 93 personnel; then 10% of each group participated in an interview or focus group. The main research questions explored the different accommodations offered by university personnel versus those that were used by students and the different perceptions of the term reasonable accommodations in accordance with ADA law. A chi-square test was used to analyze yes/no survey data and a t test was used for the Likert scale question. In the first strand there were statistically significant findings in distribution and perception of 35 specific accommodations, including advocacy and counseling. Both focus group and interview data were analyzed and themes emerged, such as specific accommodations. An important finding from the qualitative strand was that more than half the students thought they were not receiving reasonable accommodations while the majority of university personnel thought they provided reasonable accommodations. The key result was the lack of a clear consensus between students with disabilities and university personnel in definitions of reasonable accommodations. Disseminating the results of this research study can create positive social change in the legislative and academic arenas by creating a better understanding of the impact of the current standard of reasonable accommodations. One recommendation is the creation of federal and state level commissions to administer, manage, and maintain policies for colleges.
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47

Briscoe, Annette. "The paths of law and rhetoric from Protagoras to Perelman : case for a jurisprudential pedagogy of argument." Virtual Press, 1991. http://liblink.bsu.edu/uhtbin/catkey/833001.

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An approach commonly used to teach argument in English departments tacitly dichotomizes argument and persuasion, separates cognition from affection, and values the product over the ability to form concepts and to convey ideas with engagement. Yet contemporary texts like Annette Rottenberg's Elements of Argument indicate a growing concern that teaching argument as formal reasoning and excluding ethics and emotions fail "the complexity of arguments in practice" (v).This dissertation argues for a pedagogy of argument as "inquiry." While its intellectual roots trace to the Isocratean/Aristotelian rhetorical tradition, the interdisciplinary theories from which it draws all recognize the mind's power to create knowledge through the dialectic of the "knower" and the "known": the semiotic language theory of Peirce, the instrumental learning theory of Dewey, the legal theory of Holmes, and the composing theory of Berthoff.The current-traditionalist over-attention to form inhibits the natural composing process and constrains inquiry by ignoring social values and public opinion. In contrast, "jurisprudentialism" attends to the critical analysis and creation of argument by focusing upon a writer's active participation in the recursive process of exploration and justification. It operates by an informal logic in which the test of sound judgment is whether an audience of competent persons is willing to accept its truth.In exploring and justifying a jurisprudential pedagogy of argument, this study claims that the traditionalists' pedagogy of "right" writing in the modern academy traces to the elitist, positivist camp of Plato's academy. This pedagogy casts rhetoric as a medium of communication, not as a means of making knowledge. It employs "recipe" argument in which language is the "batter of thought." It comprises a "know-what" pedagogy that treats writers as "lesser souls, not as the "philosophers" that they can become if provided the "know-how."Additionally, the study shows how the Platonist and the Sophistic rhetorical traditions have emerged in modern education as current-traditionalism and jurisprudentialism. It traces the historical ties between law and rhetoric and the intellectual forces of science and philosophy that separated them, as well as those that are bringing them back together again.
Department of English
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48

Phan, Le Ha. "Daughter-in-law of a hundred families : forming national professional identities in the teaching of global English." Monash University, Faculty of Education, 2004. http://arrow.monash.edu.au/hdl/1959.1/5251.

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49

Hong, Hing-cheung Joe, and 康慶祥. "A phenomenographic investigation of student experiences of learning inthe context of the Law Faculty at the University of Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1997. http://hub.hku.hk/bib/B31237034.

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50

Clarence, Sherran. "Enabling cumulative knowledge-building through teaching: a legitimation code theory analysis of pedagogic practice in law and political science." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1011763.

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Abstract:
Much current research and practice in teaching and learning in higher education tends to overfocus on social aspects of education; on how rather than what students are learning. Much of this research and practice is influenced by constructivism, which has a relativist stance on knowledge, generally arguing, contra positivism, that knowledge is constructed in socio-historical contexts and largely inseparable from those who construct it and from issues of power. This leads to a confusion of knowledge with knowing, and knowledge is thus obscured as an object of study because it is only seen or understood as knowing or as a subject of learning and teaching. This ‘knowledge-blindness’ (Maton 2013a: 4) is problematic in higher education because knowledge and knowing are two separate parts of educational fields, and while they need to be brought together to provide a whole account of these fields, they also need to be analysed and understood separately to avoid blurring necessary boundaries and to avoid confusing knowledge itself with how it can be known. Being able to see and analyse knowledge as an object with its own properties and powers is crucial for both epistemological access and social inclusion and justice, because knowledge and knowledge practices are at the heart of academic disciplines in universities. Social realism offers an alternative to the dilemma brought about by constructivism’s tendency towards knowledge-blindness. Social realism argues that it is possible to see and analyse both actors within social fields of practice as well as knowledge as something that is produced by these actors but also about more than just these actors and their practices; thus knowledge can be understood as emergent from these practices and fields but not reducible to them (Maton & Moore 2010). Social realism, drawing from Roy Bhaskar’s critical realist philosophy (1975, 2008), is intent on looking at the real structures and mechanisms that lie beneath appearances and practices in order to understand the ways in which these practices are shaped, and change over time. Legitimation Code Theory is a realist conceptual framework that has, as its central aim, the uncovering and analysis of organising principles that shape and change intellectual and education fields of production and reproduction of knowledge. In other words, the conceptual tools Legitimation Code Theory offers can enable an analysis of both knowledge and knowers within relational social fields of practice by enabling the analysis of the ways in which these fields, such as academic disciplines, are organised and how knowledge and knowing are understood in educational practice. This study draws on social realism more broadly and Legitimation Code Theory specifically to develop a relatively novel conceptual and explanatory framework within which to analyse and answer its central question regarding how to enable cumulative knowledge building through pedagogic practice. Using qualitative data from two academic disciplines, Law and Political Science, which was analysed using a set of conceptual and analytical tools drawn from Legitimation Code Theory, this study shows that the more nuanced and layered accounts of pedagogy that have been generated are able to provide valuable insights into what lecturers are doing as they teach in terms of helping students to acquire, use and produce disciplinary and ‘powerful’ knowledge (Young 2008b). Further, the study demonstrates that the organising principles underlying academic disciplines have a profound effect on how the role of the knower and the place or purpose of knowledge is understood in pedagogy and this affects how the pedagogy is designed and enacted. This study has argued that if we can research pedagogy rigorously using tools that allow us to see the real mechanisms and principles influencing and shaping it, and if we can reclaim the role of disciplinary knowledge as a central part of the pedagogic relationship between lecturer and students, then we can begin to see how teaching both enables and constrains cumulative learning. Further, we can change pedagogy to better enable cumulative learning and greater epistemological access to disciplinary knowledge and related practices for greater numbers of students. The study concludes by suggesting that the conceptual tools offered by Legitimation Code Theory can provide academic lecturers with a set of tools that can begin to enable them to 'see' and understand their own teaching more clearly, as well as the possible gaps between what they are teaching and what their students are learning. This study argues that a social realist approach to the study of pedagogy such as the one used here can begin not only to enable changes in pedagogy aimed at filling these gaps but also begin to provide a more rigorous theoretical and practical approach to analysing, understanding and enacting pedagogic practice. This, in turn, can lead to more socially just and inclusive student learning and epistemic and social access to the powerful knowledge and ways of knowing in their disciplines.
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