Legal scholarship: a discipline in transition

Chynoweth, Paul

doi:10.1108/ijlbe.2009.41101aaa.001

Cited by 10 publications

(7 citation statements)

References 2 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…This follows the trend in the law schools themselves. Recently, there is greater and greater emphasis not only on in‐school practica, but also on student learning outside the school (Schwartz, 2001), and on new theories and paradigms (Chynoweth, 2000a, b). And now some innovative non‐law schools combine their professional degrees with a law degree in double‐degree programmes.…”

Section: Introductionmentioning

confidence: 99%

The teaching of law to non‐lawyers

Morris¹

2010

Int J of Law in the Built Env

View full text Add to dashboard Cite

PurposeThe paper aims to explore the role of outcome‐based education, criteria‐referenced assessment, and work‐integrated education in the teaching of law to non‐law students. The difficulties inherent in the use of such techniques in this particular context have not yet been thoroughly articulated or theorized because it is not clear what we want of our students: to think like lawyers, to do like lawyers, to be like lawyers – or none of the above. The paper proposes some answers.Design/methodology/approachDiscussion within the paper draws on theories articulated within the established literature relating to the issues under consideration.FindingsThe paper reveals several gaps that need to be addressed by proposed empirical and longitudinal research projects to answer specific research questions.Originality/valueThe paper contributes to the developing theory of teaching law to non‐law students.

show abstract

Section: Introductionmentioning

confidence: 99%

The teaching of law to non‐lawyers

Morris¹

2010

Int J of Law in the Built Env

View full text Add to dashboard Cite

show abstract

“…The review took into account the following terms in addition to ponds, such as mire, pool, water body, swamp, puddle, peat bog, turlough and wetland. Theoretical legal analysis (Chynoweth, 2008; Hoecke, 2011) of provisions was performed, as well as an examination of each document, and both are presented in Section 3, while recommendations for the improvement of pond protection at a global level are made in Section 4.…”

Section: Methodsmentioning

confidence: 99%

The need for unique international legal protection of pond habitats

Stanković,

Marković,

Pantović

et al. 2023

Aquatic Conservation

View full text Add to dashboard Cite

Ponds, the most numerous freshwater habitats globally, are becoming increasingly recognized as being important for rare, endemic and endangered species, owing to the high levels of biodiversity they support and their role in ecosystem services. However, they remain largely overlooked and widely excluded from policies that might protect them. Even though their size and permanence are highly important for their legal protection, these two characteristics are not precisely and universally defined in theory and in international legal documents. International legislative frameworks do not seem to provide global, comprehensive, or detailed protection of ponds as significant and widespread habitats. On the contrary, they safeguard only fragmentary small water bodies – either by protecting certain types or only those that are parts of larger protected areas. Also, pondscapes are not specifically recognized as forms in need of legal protection. In this paper, the complexity of the legal protection of ponds is presented, followed by recommendations. These should be transformed into legal norms, and given their number and complexity be presented within a single, unique convention that would specifically address the protection of ponds globally. This type of protection would be the most effective legal tool.

show abstract

“…Epistemologically, law remains distinct from other academic disciplines (Chynoweth, 2008, p. 30). The internally orientated perspective of case analysis explicitly reveals the workings of legal systems and judicial decision-making (Chynoweth, 2009). Methodologically, however, this paper is situated within the sociolegal studies tradition.…”

Section: A the Conceptual Framework And Theoretical Contextmentioning

confidence: 99%

How judges decide: lesbian/gay identity and social cognition

Brower¹

2011

Equality, Diversity and Inclusion: An International Journal

View full text Add to dashboard Cite

Purpose -Borrowing from the literature on social cognition and schema theory, the purpose of this paper is to examine sexual orientation and sex discrimination, to critique and refine that doctrine, particularly when traditional gender roles are enforced in workplaces. The insights of cognitive schemas on lesbian and gay identity are employed to link models of judicial decision making and gender/sexual orientation. Design/methodology/approach -Methodologically, the paper is located in the sociolegal tradition, but also uses case analysis to supplement and advance its thesis. Because US nondiscrimination law distinguishes between sexuality and gender discrimination, it provides a unique laboratory to critique not only American law, but the structure of nondiscrimination law generally. Findings -Judges' and others' schemas of lesbian and gay men suggest explanations for the analytical confusion in nondiscrimination law. Additionally, the paper's specific findings both supplement and question aspects of extant models of judicial decision making and gender/sexuality. Originality/value -Social cognition framework enables judges and commentators to reconceptualize facts and relevant doctrine in gender and sexual orientation discrimination cases and to critique some fundamental assumptions of nondiscrimination law. Further, because the paper bridges judicial decision making and gender/sexuality, researchers in those areas can use this analysis of a specific legal context to provide additional insights into how those models work and their underlying, hidden assumptions. This is a conference paper based on this author's work on schema theory and sexual orientation identity in nondiscrimination law.

show abstract

Legal scholarship: a discipline in transition

Cited by 10 publications

References 2 publications

The teaching of law to non‐lawyers

The teaching of law to non‐lawyers

The need for unique international legal protection of pond habitats

How judges decide: lesbian/gay identity and social cognition

Contact Info

Product

Resources

About