Jurisprudential is appropriate for . . . . . .

. . . .

Older students, with significant modification at junior high and middle school levels. This method of instruction can be applied across the curriculum: Ethics issues in Science and Math, for example. An ideal setting would be a 12th grade U.S. Government course, advanced placement.

Issues to watch for include non-verbal students feeling threatened, and potential for bullying and group-think to overwhelm minority opinions.

Complex issues should receive the time and thoroughness they deserve; teachers should not present complicated issues and then offer a limited time frame. Successful Jurisprudential Inquiry deals successfully with both issues and values.

Also important is relevancy of issues – if possible, discussing issues directly affecting the students will help bring those issues to life.

Support system

Support system

Source documents to understand issue/problem

Web is ideal research tool for advocacy on all sides of issues

Principles of Reaction

Principles of reaction

• Teacher maintains a vigorous intellectual climate, respecting views and avoiding direct evaluation of student opinion

• All issues are explored

• Substance of thinking is probed for consistency and clarity

Social System

Social system

Structure ranges from high to low – initially the teacher guides the entire process, and movement from phase to phase.

As students become proficient with this model, they ultimately move through it almost unsupervised. The social climate is vigorous and confrontational.

Notes for Teachers: nuts and bolts

Instructional notes:

Phase 1: introduce topic - read a story, watch a film, discuss an incident
Further orient students by reviewing the facts in the case

Phase 2: synthesize facts into a case (freedom of speech issue? Social/economic issue?), ID conflicts between values

Phase 3: students now take positions, and support

Phase 4: explore positions – teacher takes confrontational role and tests students’ stances (Socratic role/method)

• Teacher asks where values are violated; asks students to prove desirable or undesirable consequences of actions; asks students to prioritize values – demonstrating lack of gross violation of secondary values.

Phase 5: refine and qualify positions – often flows naturally from Phase 4

Syntax

Phase one: Orientation to the case

Teacher introduces materials, and reviews facts

Phase two: Identifying the issues

Students synthesize facts into a public policy issue

Students Id values and value conflicts

Students recognize underlying factual and definitional questions

Phase three: Taking positions

Students articulate positions, stated in terms of values or consequences of decision

Phase four: Exploring stances and patterns of argumentation

See where values are violated (factual)

Prove the desirable or undesirable consequences of positions

Clarify values

Set priorities: assert priority of one value over another and demonstrate lack of gross violation of second value

Phase five: refining and qualifying the positions

Students state positions and reasons for them

Phase six: testing factual assumptions based on qualified positions

ID factual assumptions; determine if assumptions are correct based on facts

Framing Public Policy

Framing public policy: General questions and specific personal choices.

• Should U.S. citizens be allowed to travel to Cuba?
• Should I write my Congressman to protest draft laws?

Jurisprudential Inquiry is conducted as a teaching method inside a general, assumed set of values. These American values include:

• Rule of law
• Equal protection under the law – law must be administered fairly
• Due process – government can’t deprive citizens of life, liberty and property without due process (notice, trial, etc).
• Justice – equal opportunity
• Preservation of peace/order
• Separation of powers
• Personal liberty

These social values transcend any one controversy, and thus offer navigation and “bearings” for students working through these issues.

Common problems tackled by students studying Jurisprudential Inquiry include:

• Race/ethnic conflicts
• Religious conflicts
• Crime/security
• Economic conflict
• Health, education and welfare
• National security

These controversies are resolved through analysis of facts and application of values.

At the heart of this model is compromise: When values conflict, students seek solutions whereby each value is compromised only minimally.

Model orientation: Goals and assumptions

Social values conflict – legitimately. Resolving complex issues within a stable social framework requires citizens who can interact with each other and negotiate their differences.

A skillful citizen is very much like a competent judge.

• Listen to evidence, analyze legal positions, weigh evidence and make best possible decision under the law.

Students engaging in the role of inquirer within Jurisprudential context need competencies in three areas:

• American creed (values) and familiarity with principles in the Constitution/Declaration of Independence
  
• Skills for clarifying and resolving issues
  
• A knowledge of contemporary political and public issues

This is a study of specific issues and legal cases, not a general study of values.

Public Policy controversies are at the heart of this model. Public policy issues are: Questions involving a choice or a decision for action by citizens or officials in affairs that concern a governement or community.”

Framing public policy: General questions and specific personal choices.

• Should U.S. citizens be allowed to travel to Cuba?
• Should I write my Congressman to protest draft laws?

The study of values: Jurisprudential 101

Introduction to Jurisprudential Inquiry

Jurisprudential Inquiry:

• Learning to think about social policy
• Learning to think systematically about contemporary issues
• Issues formulated as public policy questions; alternative positions are analyzed
• A high-level model for citizenship education