Limits of Interpretivism Richard A
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The Philosophical Underpinnings of Educational Research
The Philosophical Underpinnings of Educational Research Lindsay Mack Abstract This article traces the underlying theoretical framework of educational research. It outlines the definitions of epistemology, ontology and paradigm and the origins, main tenets, and key thinkers of the 3 paradigms; positivist, interpetivist and critical. By closely analyzing each paradigm, the literature review focuses on the ontological and epistemological assumptions of each paradigm. Finally the author analyzes not only the paradigm’s weakness but also the author’s own construct of reality and knowledge which align with the critical paradigm. Key terms: Paradigm, Ontology, Epistemology, Positivism, Interpretivism The English Language Teaching (ELT) field has moved from an ad hoc field with amateurish research to a much more serious enterprise of professionalism. More teachers are conducting research to not only inform their teaching in the classroom but also to bridge the gap between the external researcher dictating policy and the teacher negotiating that policy with the practical demands of their classroom. I was a layperson, not an educational researcher. Determined to emancipate myself from my layperson identity, I began to analyze the different philosophical underpinnings of each paradigm, reading about the great thinkers’ theories and the evolution of social science research. Through this process I began to examine how I view the world, thus realizing my own construction of knowledge and social reality, which is actually quite loose and chaotic. Most importantly, I realized that I identify most with the critical paradigm assumptions and that my future desired role as an educational researcher is to affect change and challenge dominant social and political discourses in ELT. -
Legal Interpretivism by Ronald Dworkin
Legal Interpretivism by Ronald Dworkin (1931-2013): He is the greatest legal philosopher ever and is among the most influential moral and political philosopher of our time. He developed an original legal theory, which not only has transcended the Natural Law and Legal Positivism dichotomy, but also has reintegrated law into a branch of political morality. Interpretivism views law as being interpreted by the practice of lawyers and jurists, and claims this is the nature of law itself. Unlike other schools of legal philosophy, interpretivism views law not as something imposed from outside, but as a product of the practice of law. Interpretivists claim law has a relationship with ethics and morality, but that they are not the same. Legal interpretivism was developed in the late 20th and early 21st centuries. It emerged into a legal world dominated by two ways of thinking about the philosophy of law namely legal positivism and natural law theory. Interpretivism has some similarities to both schools of thought and some important differences. It has sometimes been thought of as a middle ground between the two. Natural law theory is the older of the two schools of thought. But there is an underlying natural law that serves as the foundation for manmade law. Natural law consists of basic principles of fairness, justice, and equity that transcend cultural boundaries, and manmade or "positive" law should respect these. In some traditions, natural law is believed to proceed from divine or supernatural sources, while others see it as inherent in human nature. Dworkin integrates morality both into the choice of legal theory and into the legal argument itself. -
Perspectives on Ethical Leadership: an Overview Drs Ir Sophia Viet MTD
Perspectives on ethical leadership: an overview drs ir Sophia Viet MTD Paper submitted to the International Congress on Public and Political Leadership 2016 Draft version. Do not site or quote without the author’s permission Abstract There is a growing scientific interest in ethical leadership of organizations as public confidence in organizational leaders continues to decline. Among scholarly communities there is considerable disagreement on the appropriate way to conceptualize, define and study ethical leadership. This disagreement is partly due to the ontological and epistemological differences between the scholarly communities, resulting in different views of organizations, on the role of organizational leadership in general, and on ethical leadership of organizations in particular. Because of the differences in their ontological and epistemological assumptions scholars endlessly debate the concept of ethical leadership. This paper provides a comprehensive overview of the academic concepts of ethical leadership by classifying these concepts in terms of their ontological and epistemological assumptions and views of organizations into the modern, symbolic and the critical perspectives of postmodernism and communitarianism. Each category represents a particular set of perspectives on organizations, business ethics, and ethical leadership. The overview can serve as a guide to decode the academic debate and to determine the positions of the scholars participating in the debate. In addition it can serve as a multi-perspective-framework to study lay concepts of ethical leadership of (executive) directors of contemporary organizations. In this article the overview serves as a guide of how to classify some of the most common concepts in the debate on ethical leadership. Introduction There is a growing scientific interest in ethical leadership of organizations as public confidence in organizational leaders continues to decline. -
Interpretivism, Freedom of Expression, and Equal Protection
Interpretivism, Freedom of Expression, and Equal Protection MICHAEL J. PERRY* I. A. We in the United States are philosophically committed to the political prin- ciple that governmental policymaking-by which I mean simply decisions as to which values among competing values shall prevail, and as to how those values shall be implemented'-ought to be subject to control by persons accountable to the electorate.2 As a general matter, a person is accountable to © Michael J. Perry 1981. * Professor of Law, The Ohio State University. A.B., 1968, Georgetown University; J.D., 1973, Columbia University. This Article is part of a larger work-in-progress, which will be published as a book by the Yale University Press in 1982, and which is tentatively titled THE CONSTITUTION, THE COURTS, AND HUMAN RIGHTS: AN INQUIRY INTO THE LEGITIMACY OF CONSTITUTIONAL POLICYMAKING BY THE JUDICIARY. Another part will be published in another symposium on judicial review. See Perry, Noninterpretive Review in Human Rights Cases: A Functional Justification, 56 N.Y.U.L. REV. - (1981). I. Cf. Hazard, The Supreme Court as a Legislature, 64 CORNELL L. REV. 1, 2 (1978): By a -legislature," I mean a body whose chief function in government is to formulate general rules of law that primarily reflect the notions of utility and value held by its members. Such a body is to be distinguished from a trial court, which applies law received from legally superior sources; from an administrative agency, which, in its rule-making capacity, formulates policy only within the limits of its organic statute; and from a "traditional" appellate court, which, in formulating law, is guided primarily by precedent. -
Strategies in Research Garima Malhotra Assistant Professor, Department of Business Economics, Sri Guru Nanak Dev Khalsa College, Dev Nagar, Delhi University
Malhotra Garima; International Journal of Advance Research and Development. (Volume2, Issue5) Available online at www.ijarnd.com Strategies in Research Garima Malhotra Assistant Professor, Department of Business Economics, Sri Guru Nanak Dev Khalsa College, Dev Nagar, Delhi University ABSTRACT A plan or scheme by which the activity of searching for and assessing information found is carried out is called a research strategy. A research strategy usually involves a number of steps. Firstly, the analysis of the major concepts of the topic. Secondly, defining relevant keywords and their synonyms. Thirdly, searching appropriate information sources (e.g. databases), and fourthly, assessing the quantity and quality (relevance) of the information found. The research strategy, a subset of research design, includes elements of data collection and interpretation and emerges from both the research purpose and question. These strategies differ in their Ontological assumptions, Starting points, Steps or logic use of concepts and theory, Styles of explanation and understanding and the status of their products. Each strategy has connections with particular philosophical and theoretical traditions, i.e. research paradigms (Blaikie 2007).The paper has been analyzed in view of the research strategies which are done in carrying out the research activity. They provide a ladder which helps in carrying out the research. The strategies Inductive, Deductive, Retroductive & Abductive have been explained in the paper with their epsitelmogical assumptions. The paper -
World Views, Paradigms, and the Practice of Social Science Research
01-Willis (Foundations)-45170.qxd 1/1/2007 12:01 PM Page 1 CHAPTER 1 World Views, Paradigms, and the Practice of Social Science Research Case 1. Quantitative Research Dr. James Jackson was concerned about whether a particular approach to teaching undergraduate courses is effective. The approach is called the per- sonalized system of instruction (PSI), developed by Fred Keller, a Columbia University psychologist and personal friend of B. F. Skinner. PSI (Martin, 1997) has been used for several decades in the sciences, but Dr. Jackson was not able to find convincing research about the suitability of PSI for humanities courses. Personalized System of Instruction (PSI) The PSI method of teaching was popular in the 1970s and is still used in many science classes. The content to be learned is divided into units or modules. Students get assignments with each module. When they think they have mastered a module, they come to class and take a test on that module. If they make 85% or more on the test, they get credit for the module and begin studying the next module. When they pass all the modules they are finished with the course and receive an A. In a course with 13 modules, anyone who completes all 13 might receive an A, students who finish 11 would receive Bs, and so on. The approach was called “personalized” because students could go at their own pace and decide when they wanted to be tested. Critics argued that PSI wasn’t very person- alized because all students had to learn the same content, which was selected by the instructor, and everyone was evaluated with the same objective tests. -
85 Days of Prayer U.S
85 Days of Prayer U.S. Executive Branch: U.S. Supreme Court U.S. Senate U.S. House of Rep. Name: Title: Name (Seated): Name (Party-State): Name (Party-State): Donald Trump President John G. Roberts, Jr. (9/29/05) Markey, Edward J. (D-MA) Heck, Denny (D-WA) Michael Pence Vice President Clarence Thomas (10/23/91) McConnell, Mitch (R-KY) Hern, Kevin (R-OK) Melania Trump First Lady Herrera Beutler, Jaime (R-WA) Sonny Perdue Secretary of Agriculture Michigan Supreme Court State of Michigan Hice, Jody B. (R-GA) William Barr Attorney General Bridget Mary McCormack Gretchen Whitmer (Governor) Higgins, Brian (D-NY) Sunday, November 01 November Sunday, Mark Meadows White House Chief of Staff Stephen Markman Garlin Gilchrist II (Lt. Governor) Higgins, Clay (R-LA) U.S. Executive Branch: U.S. Supreme Court U.S. Senate U.S. House of Rep. Name: Title: Name (Seated): Name (Party-State): Name (Party-State): Donald Trump President Stephen G. Breyer (8/3/94) McSally, Martha (R-AZ) Hill, J. French (R-AR) Michael Pence Vice President Samuel A. Alito (1/31/06) Menendez, Robert (D-NJ) Himes, James A. (D-CT) Gina Haspel Director of the CIA Holding, George (R-NC) Wilbur L. Ross Jr. Secretary of Commerce Michigan Supreme Court State of Michigan Hollingsworth, Trey (R-IN) Mark Esper Secretary of Defense Brian Zahra Jocelyn Benson (Sec. of State) Horn, Kendra S. (D-OK) Monday, November 02 November Monday, Kayleigh McEnany Press Secretary David Viviano Dana Nessel (Attorney Gen.) Horsford, Steven (D-NV) U.S. Executive Branch: U.S. -
V-9 Stephen J. Markman
JUSTICE STEPHEN J. MARKMAN Term expires January 1, 2013 Stephen Markman was appointed as a justice of the Michigan Supreme Court on October 1, 1999. Before his appointment, he served as judge on the Michigan Court of Appeals from 1995-1999. Prior to this, he prac- ticed law with the firm of Miller, Canfield, Paddock & Stone in Detroit. From 1989-93, Justice Markman served as United States Attorney, or federal prosecutor, in Michigan, after having been nominated by President George H. W. Bush and confirmed by the United States Senate. From 1985-1989, he served as Assistant Attorney General of the United States, after having been nominated by President Ronald Reagan and confirmed by the United States Senate. In that position, he headed the Department of Justice’s Office of Legal Policy, which served as the principal policy development office within the Department, and which coordinated the federal judicial selection process. Prior to this, he served for 7 years as Chief Counsel of the United States Senate Subcommittee on the Constitution, and as Deputy Chief Counsel of the United States Senate Judiciary Committee. Justice Markman has authored articles for such publications as the University of Michigan Journal of Law Reform, the Detroit College of Law Review, the Stanford Law Review, the University of Chicago Law Review, the American Criminal Justice Law Review, the Barrister’s Law Journal, the Harvard Journal of Law & Public Policy, and the American University Law Review. He has also served as a contributing editor of National Review magazine, and has authored chapters in such books as “In the Name of Justice: The Aims of the Criminal Law,” “Still the Law of the Land,” and “Originalism: A Quarter Century of Debate.” Justice Markman has taught constitutional law at Hillsdale College since 1993. -
Originalism and Stare Decisis
ORIGINALISM AND STARE DECISIS STEPHEN MARKMAN* The extent to which originalism can be harmonized with precedent is an issue I have confronted regularly during my ten‐ ure as a justice on the Michigan Supreme Court. This article out‐ lines several observations that have informed my thinking on this topic, drawn from my decade or so on that court.1 I view myself as an originalist judge, sometimes lapsing into self‐descriptions as a “textualist,” an “interpretivist,” a believer in “original meaning,” or even a “judicial conservative.” Nu‐ ances of differences in these terms aside, I take seriously what I view as my obligation to give reasonable meaning to the lan‐ guage of the drafters of constitutions, statutes, contracts, and deeds. I have taken oaths to the United States Constitution and to the Michigan Constitution, and I take these oaths seriously. On the other hand, I have not taken an oath to abide by the judgments of my predecessors. Yet, on a number of occasions, I have sustained precedents I have disagreed with, and which did not, in my judgment, conform to the intentions of the lawmaker. Despite this, the primary criticism of my court during the eight years when I served with three other originalists as a majority of our seven‐member court, was that we were insufficiently re‐ spectful of precedent.2 Throughout my time on the court, I have * Justice, Michigan Supreme Court. Based on remarks delivered at the Twenty‐Ninth Annual Federalist Society National Student Symposium, held at the University of Pennsylvania Law School. 1. The author was appointed to the Michigan Supreme Court on October 1, 1999, and reelected in 2000 and 2004. -
Introduction to Positivism, Interpretivism and Critical Theory
Open Research Online The Open University’s repository of research publications and other research outputs Introduction to positivism, interpretivism and critical theory Journal Item How to cite: Ryan, Gemma (2018). Introduction to positivism, interpretivism and critical theory. Nurse Researcher, 25(4) pp. 41–49. For guidance on citations see FAQs. c [not recorded] https://creativecommons.org/licenses/by-nc-nd/4.0/ Version: Accepted Manuscript Link(s) to article on publisher’s website: http://dx.doi.org/doi:10.7748/nr.2018.e1466 Copyright and Moral Rights for the articles on this site are retained by the individual authors and/or other copyright owners. For more information on Open Research Online’s data policy on reuse of materials please consult the policies page. oro.open.ac.uk Introduction to positivist, interpretivism & critical theory Abstract Background There are three commonly known philosophical research paradigms used to guide research methods and analysis: positivism, interpretivism and critical theory. Being able to justify the decision to adopt or reject a philosophy should be part of the basis of research. It is therefore important to understand these paradigms, their origins and principles, and to decide which is appropriate for a study and inform its design, methodology and analysis. Aim To help those new to research philosophy by explaining positivism, interpretivism and critical theory. Discussion Positivism resulted from foundationalism and empiricism; positivists value objectivity and proving or disproving hypotheses. Interpretivism is in direct opposition to positivism; it originated from principles developed by Kant and values subjectivity. Critical theory originated in the Frankfurt School and considers the wider oppressive nature of politics or societal influences, and often includes feminist research. -
Politics:Three Weeks to "E"
2012 General Election “A Pollster’s Perspective” U.P. Energy Conference October 16, 2012 By Steve Mitchell, President Mitchell Research & Communications, Inc. PRESIDENTIAL RACE NATIONAL/MICHIGAN PAST & PRESENT Presidential Candidates Romney/Ryan vs. Obama/Biden Presidential Election 2012 70 61.6 60 46.3 47.3 48.8 44.4 50 39.2 40 Obama 30 Romney 20 10 0 RCP National RCP Michigan Intrade Odds Average Average Electoral Vote Margin Toss Up States Most Recent Polling Averages Obama Romney Spread Nevada 48.2 46.6 +1.6 Iowa 48.6 45.4 +3.2 Ohio 47.6 46.3 +1.3 Virginia 48.0 47.6 +.4 New Hampshire 48.0 47.3 +.7 Colorado 47.0 47.7 -.7 North Carolina 46.0 49.3 -3.3 2012 vs. 2004 Likely Voters 2012--“Suppose the presidential election were held today. If Barack Obama were the Democratic Party’s candidate and Mitt Romney were the Republican Party’s candidate, who would you vote for Barack Obama, the Democrat or Mitt Romney, the Republican?” 2004--(Asked of Nader voters) “If Ralph Nader is not on the ballot in your state on Election Day, would you vote for – Kerry and Edwards, the Democrats (or) Bush and Cheney, the Republicans? As of today, do you lean more toward – Kerry and Edwards, the Democrats (or) Bush and Cheney, the Republicans?” % 35 40 45 50 55 60 29-Jun LikelyVoters vs. 2004 2012 6-Jul of Voters Likely 2004 Presidential 2012 vs. Election 13-Jul 20-Jul 27-Jul 3-Aug 10-Aug 17-Aug 24-Aug 31-Aug 7-Sep 14-Sep 21-Sep 28-Sep 5-Oct 12-Oct 19-Oct 26-Oct 2-Nov Kerry Bush Obama Romney MICHIGAN SUPREME COURT Michigan Supreme Court The Michigan Supreme Court currently has 4 Republicans and 3 Democrats giving the Republicans control. -
Justifying the Natural Law Theory of Constitutional Interpretation
Fordham Law Review Volume 69 Issue 5 Article 22 2001 Justifying the Natural Law Theory of Constitutional Interpretation Michael S. Moore Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Michael S. Moore, Justifying the Natural Law Theory of Constitutional Interpretation, 69 Fordham L. Rev. 2087 (2001). Available at: https://ir.lawnet.fordham.edu/flr/vol69/iss5/22 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. CONSTITUTIONAL INTERPRETATION AND ASPIRATIONS TO A GOOD SOCIETY JUSTIFYING THE NATURAL LAW THEORY OF CONSTITUTIONAL INTERPRETATION Michael S. Moore* INTRODUCFION An interpretive problem always exists in preparing papers on pre- set topics in symposia such as the present one. The questions my fellow panelists and I were asked to address were: (1) whether (and to what extent) the aspirations for a good society should enter into judicial interpretations of the Constitution; and (2) whether such infusion of moral theorizing by judges was consistent with their duties of fidelity to the Constitution? The interpretive problem arises because of the different readings possible for the phrase, "aspirations for a good society." One reading suggested by these Fullerian phrases-"morality of aspiration," "fidelity to law"-is that we are to address the possibility/desirability of judges interpreting the Constitution so as to further both the public and private virtue of our citizens.