Critical Thinking, Academic Writing and Advice

Today I am writing about a couple of areas of different but related studies, which I have found helpful in my studies of law. The first is critical thinking and the second is academic writing.

(Note that as I do this, I am also doing some self-reflection in preparation for my W102 final exam so if I appear to be a bit disjointed, it’s because I am trying to focus on the topics/links and on being helpful in a brief but comprehensive way, rather than structure of the blog post.)

Critical thinking plays an important role in the study of law, as well as in every other area of life. Everyone has probably heard of ‘critical thinking’ , or ‘critical analysis’, but few readily understand what it is and apply the principles to their thinking.

“Fundamentally, critical thinking is about using your ability to reason. It's about being active (as opposed to passive) in your learning. It means that when you approach an idea, you do so with scepticism and doubt, rather than with unquestioning acceptance.” [University of Sussex]

The Open University has a ‘guide’ to critical thinking. It explains in detail what critical thinking is, how to read, analyse and understand what is an argument, how to spot flawed arguments etc. I highly recommend this as a starting point, and you may want to – in any spare time you have – continue reading other books and materials on critical thinking. I have found this website especially helpful [http://www.austhink.com/critical/] as a one-stop resource on critical thinking.

Academic writing is also an important skill to learn. Not only do you need to up your game on grammar, spelling, punctuation, (please, for Heaven’s sake, no text speak!!!), you also need to be able to reference your work to indicate the evidence you are using to make your arguments. You will learn the Harvard method of citation for both in-text and bibliographies/referencing at the end of your paper. For law, students are advised to use the “guidance provided in their module materials” and The OU Law School Guide to Legal Citations and References.

What is academic writing?

“Main features of academic English

• is usually formal in tone and impersonal in style
• avoids contractions or shortened forms of verbs, such as won't, doesn't or it's
• avoids using a linking word such as 'and' or 'but' at the beginning of a sentence
• avoids personal pronouns such as I, me, you, your
• may use the passive form of verbs
• avoids verbs that are composed of multiple words, such as 'give up', 'put up with'
• tends to employ a cautious way of explaining findings, using expressions such as 'may', 'it is possible that...', 'could'
• may use specialised vocabulary.”

[The Open University, 2016]

The Skills for OU Study webpage is also a very helpful place to start, especially for beginners.  I am also a fan of the Plain English Campaign and recommend writing plainly as possible.

A word of caution.

I have often seen new students posting on forums that that they are buying/already bought books and other reading material related to their course. In my experience, this is a waste of time and money for a number of reasons. The OU provides ALL the material you need, and has readily accessible resources to make your study a success. Please include your tutor as a resource, as s/he is being paid to answer your questions/aid you.

Secondly, you definitely will not have much time to read widely outside of the OU material, especially if you are also working and have a family/children. It later becomes problematic when you read something and cannot reference the source in a TMA or exam.

Then too, there are the ‘know-it-all’ students who, just like you, are starting the same course, but… they boast widely (and wildly) on the forums (and Facebook) about this book/author/case/principle that they peeked in their books and ‘appear’ to be really bright and knowledgeable. You can identify them quickly – they often use ‘big words’ out of context, write very often and long discourses on the forums, usually unintelligible drivel, followed by asking the moderator, “What do you think?” as if seeking validation of their nonsense. It is often a mistake to follow these fools blindly. [As you can see, I ‘evidence’ my blog with links, so it’s not just my ‘opinion’ I present].

As to Facebook forums, I’m not recommending them, and neither does the OU nor the tutors. Aside from not being monitored, many erroneous ideas are spread, and a misunderstanding of a legal principle can quickly be perpetuated among members of a FB group. Especially by the ‘know-it-alls’ who easily impresses the less knowledgeable.

Remember, this blog is not only about the pursuit of an LLB, but also to document my learning, hence these non-legal posts.

Law and Morality 3

Continuing from W102 on Law and Morality.

How does the law reflect Moral values?

While many laws have a moral aspect to them – think of murder which is frowned upon by almost all societies – there are important differences. Remember that law has legal sanctions and moral rule breaking has ‘social’ sanctions. As an example, think of all the news headlines where a paedophile is found in a neighbourhood. Even if he has served his punishment and been placed in the Sexual Offences Register, the public’s disapproval is sometimes bordering on violence. On the other hand, parking on double yellow lines, or going 5 mph over the speed limit will not bring so much emotions out. Ah, but parking in a handicap parking spot when you’re able-bodied?

“These general principles may be summed up in two propositions: first, the law holds liable, as a general rule, only the actual wrongdoer; and second, the law insists, as a general rule, that a person's liability will depend on whether that person may be said to be morally blameworthy. These underlying general principles, referred to by such phrases as 'individual responsibility' and 'no liability without fault', have long been at the root of liability in English law” (Harris, P. (2007) An Introduction to Law p 29). [More reading on Law and Morality may be found at the end of this webpage]

For a quick understanding of how morality crosses societies, cultures and religions, take a look at the ‘pillars of morality.

As you can see, the issues surrounding law and morality become more complex the further we delve into them. With this in mind, I draw this topic to a close here, and will take this up again when I am dealing with W102. However, for those who have the time and interest, I suggest reading

Wacks, R. (2012) Understanding Jurisprudence, 3rd edn, New York, Oxford University Press, p 265-268

which you can find through your OU library link.

Tutor Feedback

I haven’t posted anything on this blog for quite some time. I am currently preparing for the end of module exam for W102. I definitely ought to pick up the pace of posting updates, else I will fall behind on my intended goal… to document my learning through this blog.

Today though, I want to write something about tutor feedback, given in the OU through an ‘Assessment Summary’ in HTML format (it opens with your web browser), and through comments that are placed on your assignment document, which is submitted in Microsoft Word format.

The comments are usually about what you missed in answering your Tutor Marked Assignments (TMAs) so that you got lower marks that you could have gotten otherwise. In other words, the comments are your tutors’ way of showing you where you fell short in your answer, and how you can improve in the future.

For those new to OU, and I’m sure there are readers who are, it is difficult not to take critique of your work personally. It is tough to accept that your ‘best’ you turned out is being criticised and taken apart by someone else. I know it took me some time to get get over a feeling of resentment and some feelings of disappointment and even anger. Even my self-reflecting parts of my TMAs were uncomfortable; it is difficult in the most extreme ways to realise that you are putting less effort that you can, or that you are not focused or any number of other reasons why you are under-achieving. Even to admit you don’t understand the material is something a person may not admit.

But once I put those negative feelings aside, and began to follow the advice, I saw a definite improvement in my marks and my presentation skills. My learning and self-reflection also improved dramatically. Now, I score in the upper 80s in all my TMAs.

I’m not saying that as a boast. I’m saying that I took the opportunity to learn from past mistakes, and put personal feelings aside and took the suggestions as lessons for improvement. Guess what? It works! I have been working on ‘tweaking’ my answers so that I can move into the 90s, and I have been pestering my tutors for tips and tricks.

Do I feel guilty for pestering them? Not at all. For the most part, I have found that my enthusiasm transfers to them, and they are just as eager to see me succeed. And they are paid to spend time helping me, so I do not feel as if I am in any way taking them away from something more important or personal to them. I lost that ‘guilt’ a long time ago. This is another thing OU student may short-change themselves in… your tutors are there to help you and not contacting them when you need help is putting yourselves at a distinct disadvantage.

For those who do not know, the OU LLB is a really tough degree. In fact, one of my tutors informed me that the ‘Year 1’ work at OU is something year 3 pupils at the traditional universities will have trouble answering the questions set.

That is not to discourage you. It just means that the work is actually better organised, better presented and definitely more in-depth than the traditional ‘black letter’ learning.  When you graduate from OU law, you know your shit better than many LLB students. And you will take that to the bank.