Thursday, November 28, 2024

Education and Law-"Take Home Mid-Term"


Carmelo Bono

Educational Law

Professor Brady

March 08/11

Educational Law Take Home Mid-Term 

Part A-

 

Loco Parentis- “In the place of a parent” refers to many people in children’s lives. Mostly loco parentis refers to teachers and daycare workers. Foster parents, babysitters, even older brothers and sisters could fall under this category. Anyone who is temporarily in the care of a child, especially if they are an organization, they are extremely liable for anything that happens to a child.

 

Mens Rea- The mental state of the offender. The prosecution must provide this to prove that the accused was knowledgeable in breaking the law and did it regardless. Mens Rea creates the difference between manslaughter and murder. Manslaughter is “accidental” or “mistaken” killing of another person. Murder is a planned, and attempted taking of one’s life. Mens Rea to prove a murder be that the accused planned it and carried it out. If someone was killed and the accused had no Mens Rea that he was going to kill someone, then that would be manslaughter.  

 

Actus Reus-Whether the accused had the mens rea or not, fact is he or she did a wrongful deed. Only mens rea can prove whether or not they intended for the deed to be criminal but actus reus refers to the action or wrongful deed of the accused. Example of actus reus and the difference it makes in a court is, attempted murder vs murder. Attempted murder means there is no actus reus but the accused had planned to murder someone. Murder is when the action is carried out and the accused has taken someone’s life.

 

Stare Decisis-“To stand by things decided”, this is the principle of precedent. Precedent means that similar issues need to be solved with similar results. For example, if a man robs a bank, his cause can be compared to another bank robbery case. If past case had a result four years imprisonment then most likely the guy who robbed the bank this time around would probably get four years of prison. This is to avoid unjust or unfair consequences. If the man who robbed the bank was unarmed and got four years, it would be unjust if a man who committed armed robbery only got one year in prison. Precedents keep help guide the judges or juries in their decisions.

 

Part B-

Students have the same exact charter rights as an adult, or anyone else in the country. In a school setting, student’s well being becomes the number one priority and ultimate responsibility of school staff. “The Education Act of each province sets out the responsibilities of teachers and administrators.”(http://www3.telus.net/public/rdwest/5%20Canadian%20Charter%20Of%20Rights%20And%20Freedoms%20Activity.htm) To ensure the safety well being of all the students, certain issues need to be taken very seriously and approached immediately. So when asked if student’s rights can be limited by school authority, one would receive the answer “Yes”. Two student rights that can be limited by school staff are rights provided by sections 8 and 2. Section 8 allows people to have their privacy respected; meaning police and others cannot search their things without permission or warrant. Section 2 is the right that protects everyone’s ability to take part in whatever religion, peaceful assembly, association and beliefs that one may feel like.

If school staff members needed to go through the same network and procedures as police do when performing searches no wrong-doers would be caught in the school.  The Charter says “everyone has the right to be secure against unreasonable search or seizure.” (http://www3.telus.net/public/rdwest/5%20Canadian%20Charter%20Of%20Rights%20And%20Freedoms%20Activity.htm) this does not apply in the school setting because of the concern for student well being.

“Although these Acts may not specifically authorize the right to search students, the right can be inferred. In the words of the Supreme Court, "...the responsibility placed upon teachers, and principals to maintain proper order and discipline in the school and to attend to the health and comfort of students by necessary implication authorizes searches of students." (R. v. M. (M.R.) The Court considered it not only reasonable but essential that teachers and principals be able to search students and seize prohibited items. Thus there is case law authorizing searches of students.”(http://www3.telus.net/public/rdwest/5%20Canadian%20Charter%20Of%20Rights%20And%20Freedoms%20Activity.htm

This is an example from http://www3.telus.net/public/rdwest/5%20Canadian%20Charter%20Of%20Rights%20And%20Freedoms%20Activity.htm, describing how the court defended the actions of the school staff. This deemed it okay for a school authority figure to violate the rights of the student due to his position.

Many students have different beliefs as well as come from different religious backgrounds. Some religious traditions require things of its followers that much of society feels uncomfortable with. In some situations the school may have the power to limit section 2 of the Charter of rights and freedoms. One specific situation reviewed by http://www3.telus.net/public/rdwest/5%20Canadian%20Charter%20Of%20Rights%20And%20Freedoms%20Activity.htm, described how a student was relieved of his Kirpan (small knife, and religious symbol for the Sikh) that he was given once he became a member of the Khalsa. The issue was taken to court and was fought against by the student. The Supreme Court deemed it okay for the schools to discontinue students from bringing their Kirpan to school. The reasoning behind this is to ensure that the students are safe and out of harm’s way.

Two examples are provided of how student’s rights can be violated by school staff. Sections 2 and 8 are pretty common rights that are bypassed by school staff. These limitations can be made by school staff to ensure the safety of the students within the school.

Works Cited

“In Loco Parentis Definition & Meaning.” Merriam-Webster. Merriam-Webster, n.d. Web. 08 Mar. 2011.

 

Unknown.http://www3.telus.net/public/rdwest/5%20Canadian%20Charter%20Of%20Rights%20And%20Freedoms%20Activity.htm, March 08, 2011

 

 

Contemporary Thought in Education: Deep Dive into Paulo Freire

 PAULO FREIRE: CHAPTER 2 OF PEDAGOGY OF THE OPPRESSED

This reading is from: PEDAGOGY OF THE OPPRESSED by Paulo Freire. New York: Continuum Books, 1993.

CHAPTER 2

A careful analysis of the teacher-student relationship at any level, inside or outside the school, reveals its fundamentally narrative character. This relationship involves a narrating Subject (the teacher) and patient listening objects (the students). The contents, whether values or empirical dimensions of reality, tend in the process of being narrated to become lifeless and petrified. Education is suffering from narration sickness.

**believes the teacher is not interactive enough, too much of a narrative voice rather smiling educator

-this can be fixed with a more personable teacher student relationship while still keeping professional standards between the two

The teacher talks about reality as if it were motionless, static, compartmentalized, and predictable. Or else he expounds on a topic completely alien to the existential experience of the students. His task is to "fill" the students with the contents of his narration -- contents which are detached from reality, disconnected from the totality that engendered them and could give them significance. Words are emptied of their concreteness and become a hollow, alienated, and alienating verbosity.

**believes the words coming from the teacher lack truth, strength to remain with children, it is too stagnate, boring

-this is where field trips make all the difference in courses, medieval times, heritage festivals, meeting holocaust survivors, etc.

The outstanding characteristic of this narrative education, then, is the sonority of words, not their transforming power. "Four times four is sixteen; the capital of Para is Belem." The student records, memorizes, and repeats these phrases without perceiving what four times four really means, or realizing the true significance of "capital" in the affirmation "the capital of Para is Belem," that is, what Belem means for Para and what Para means for Brazil.

**children are encouraged to learn elaboratively but teachers do not want to spend the extra time teaching it elaboratively, they rather teach the child to mechanically rehearse something until it is remembered

-a more in depth look at materials, “what does philosophy mean, well in latin philo means love and Sophia means love of; therefore philosophy means love of knowledge; so in philosophy class what do you think we may be learning about?”

Narration (with the teacher as narrator) leads the students to memorize mechanically the narrated account. Worse yet, it turns them into "containers," into "receptacles" to be "filled" by the teachers. The more completely she fills the receptacles, the better a teachers she is. The more meekly the receptacles permit themselves to be filled, the better students they are.

**students are spoon fed information a better teacher is one who can teach their students to memorize the most and a better student is a student that remembers the most (understand it or not)

-this can be changed by elaborative teaching, field trips, a change in teacher-student relationships…within reason

Education thus becomes an act of depositing, in which the students are the depositories and the teacher is the depositor. Instead of communicating, the teacher issues communiques and makes deposits which the students patiently receive, memorize, and repeat. This is the "banking' concept of education, in which the scope of action allowed to the students extends only as far as receiving, filing, and storing the deposits. They do, it is true, have the opportunity to become collectors or cataloguers of the things they store. But in the last analysis, it is the people themselves who are filed away through the lack of creativity, transformation, and knowledge in this (at best) misguided system. For apart from inquiry, apart from the praxis, individuals cannot be truly human. Knowledge emerges only through invention and re-invention, through the restless, impatient continuing, hopeful inquiry human beings pursue in the world, with the world, and with each other.

**factory instead of classroom, we are not educating humans, we are making computers

In the banking concept of education, knowledge is a gift bestowed by those who consider themselves knowledgeable upon those whom they consider to know nothing. Projecting an absolute ignorance onto others, a characteristic of the ideology of oppression, negates education and knowledge as processes of inquiry. The teacher presents himself to his students as their necessary opposite; by considering their ignorance absolute, he justifies his own existence. The students, alienated like the slave in the Hegelian dialectic, accept their ignorance as justifying the teachers existence -- but unlike the slave, they never discover that they educate the teacher.

**the students are also teachers, the teacher takes on the role of the laader but in reality he is just as ignorant as they

-so we have a “us vs. them” mentality in the classroom; they learn what they have to because we said so; the canonical readings of literature

The raison d'etre of libertarian education, on the other hand, lies in its drive towards reconciliation. Education must begin with the solution of the teacher-student contradiction, by reconciling the poles of the contradiction so that both are simultaneously teachers and students.

**interactivity between students and teachers is crucial, the teachers learn just as much from the students as the students learn from the teachers

-school of rock clip with kyle gass (gym teacher); old method of philosophic debate

This solution is not (nor can it be) found in the banking concept. On the contrary, banking education maintains and even stimulates the contradiction through the following attitudes and practices, which mirror oppressive society as a whole:

the teacher teaches and the students are taught;

the teacher knows everything and the students know nothing;

the teacher thinks and the students are thought about;

the teacher talks and the students listen -- meekly;

the teacher disciplines and the students are disciplined;

the teacher chooses and enforces his choice, and the students comply;

the teacher acts and the students have the illusion of acting through the action of the teacher;

the teacher chooses the program content, and the students (who were not consulted) adapt to it;

the teacher confuses the authority of knowledge with his or her own professional authority, which she and he sets in opposition to the freedom of the students;

the teacher is the Subject of the learning process, while the pupils are mere objects.

It is not surprising that the banking concept of education regards men as adaptable, manageable beings. The more students work at storing the deposits entrusted to them, the less they develop the critical consciousness which would result from their intervention in the world as transformers of that world. The more completely they accept the passive role imposed on them, the more they tend simply to adapt to the world as it is and to the fragmented view of reality deposited in them.

**students are told to obey…that is all

-students have different levels of authority, police (national/criminal law), parents (kin law), social (social code between students)

The capability of banking education to minimize or annul the student's creative power and to stimulate their credulity serves the interests of the oppressors, who care neither to have the world revealed nor to see it transformed. The oppressors use their "humanitarianism" to preserve a profitable situation. Thus they react almost instinctively against any experiment in education which stimulates the critical faculties and is not content with a partial view of reality always seeks out the ties which link one point to another and one problem to another.

**teachers use the oppressor-oppressed model to their advantage to control the outcome as much as possible and create law abiding citizens as well as have believers in their cause

-lack of imagination; not entirely true, on a primary level yes and sometimes on an intermediate level; scene from freaky Friday when mother is in hot chick’s body and answers with university level to a question in high school English class

Indeed, the interests of the oppressors lie in "changing the consciousness of the oppressed, not the situation which oppresses them," (1) for the more the oppressed can be led to adapt to that situation, the more easily they can be dominated. To achieve this the oppressors use the banking concept of education in conjunction with a paternalistic social action apparatus, within which the oppressed receive the euphemistic title of "welfare recipients." They are treated as individual cases, as marginal persons who deviate from the general configuration of a "good, organized and just" society. The oppressed are regarded as the pathology of the healthy society which must therefore adjust these "incompetent and lazy" folk to its own patterns by changing their mentality. These marginals need to be "integrated," "incorporated" into the healthy society that they have "forsaken."

**poor folk are looked down on?

[Footnote #1: Simone de Beauvoir. La Pensee de Droite, Aujord'hui (Paris); ST, El Pensamiento politico de la Derecha (Buenos Aires, 1963), p. 34.

The truth is, however, that the oppressed are not "marginals," are not living "outside" society. They have always been "inside" the structure which made them "beings for others." The solution is not to 'integrate" them into the structure of oppression, but to transform that structure so that they can become "beings for themselves." Such transformation, of course, would undermine the oppressors' purposes; hence their utilization of the banking concept of education to avoid the threat of student conscientizacao.

**uses the oppressed’s situation to keep them down? And not rise up?

-not true?

The banking approach to adult education, for example, will never propose to students that they critically consider reality. It will deal instead with such vital questions as whether Roger gave green grass to the goat, and insist upon the importance of learning that, on the contrary, Roger gave green grass to the rabbit. The "humanism" of the banking approach masks the effort to turn women and men into automatons -- the very negation of their ontological vocation to be more fully human.

 

Those who use the banking approach, knowingly or unknowingly (for there are innumerable well-intentioned bank-clerk teachers who do not realize that they are serving only to dehumanize), fail to perceive that the deposits themselves contain contradictions about reality. But sooner or later, these contradictions may lead formerly passive students to turn against their domestication and the attempt to domesticate reality. They may discover through existential experience that their present way of life is irreconcilable with their vocation to become fully human. They may perceive through their relations with reality that reality is really a process, undergoing constant transformation. If men and women are searchers and their ontological vocation is humanization, sooner or later they may perceive the contradiction in which banking education seeks to maintain them, and then engage themselves in the struggle for their liberation.

 

But the humanist revolutionary educator cannot wait for this possibility to materialize. From the outset, her efforts must coincide with those of the students to engage in critical thinking and the quest for mutual humanization. His efforts must be imbued with a profound trust in people and their creative power. To achieve this, they must be partners of the students in their relations with them.

 

The banking concept does not admit to such partnership -- and necessarily so. To resolve the teacher-student contradiction, to exchange the role of depositor, prescriber, domesticator, for the role of student among students would be to undermine the power of oppression and serve the cause of liberation.

 

Implicit in the banking concept is the assumption of a dichotomy between human beings and the world: a person is merely in the world, not with the world or with others; the individual is spectator, not re-creator. In this view, the person is not a conscious being (corpo consciente); he or she is rather the possessor of a consciousness: an empty "mind" passively open to the reception of deposits of reality from the world outside. For example, my desk, my books, my coffee cup, all the objects before me, -- as bits of the world which surround me -- would be "inside" me, exactly as I am inside my study right now. This view makes no distinction between being accessible to consciousness and entering consciousness. The distinction, however, is essential: the objects which surround me are simply accessible to my consciousness, not located within it. I am aware of them, but they are not inside me.

It follows logically from the banking notion of consciousness that the educator's role is to regulate the way the world "enters into" the students. The teacher's task is to organize a process which already occurs spontaneously, to "fill" the students by making deposits of information which he of she considers to constitute true knowledge. (2) And since people "receive" the world as passive entities, education should make them more passive still, and adapt them to the world. The educated individual is the adapted person, because she or he is better 'fit" for the world. Translated into practice, this concept is well suited for the purposes of the oppressors, whose tranquility rests on how well people fit the world the oppressors have created and how little they question it.

[Footnote #2: This concept corresponds to what Sartre calls the 'digestive' or 'nutritive' in which knowledge is 'fed' by the teacher to the students to "fill them out." See Jean-Paul Sartre, 'Une idee fundamentals de la phenomenologie de Husserl: L'intentionalite," Situations I (Paris, 1947).]

The more completely the majority adapt to the purposes which the dominant majority prescribe for them (thereby depriving them of the right to their own purposes), the more easily the minority can continue to prescribe. The theory and practice of banking education serve this end quite efficiently. Verbalistic lessons, reading requirements, (3) the methods for evaluating "knowledge," the distance between the teacher and the taught, the criteria for promotion: everything in this ready-to-wear approach serves to obviate thinking.

{Footnote #3: For example, some professors specify in their reading lists that a book should be read from pages 10 to 15 -- and do this to 'help' their students!]

The bank-clerk educator does not realize that there is no true security in his hypertrophied role, that one must seek to live with others in solidarity. One cannot impose oneself, nor even merely co-exist with one's students. Solidarity requires true communication, and the concept by which such an educator is guided fears and proscribes communication.

Yet only through communication can human life hold meaning. The teacher's thinking is authenticated only by the authenticity of the students' thinking. The teacher cannot think for her students, nor can she impose her thought on them. Authentic thinking, thinking that is concerned about reality, does not take place in ivory tower isolation, but only in communication. If it is true that thought has meaning only when generated by action upon the world, the subordination of students to teachers becomes impossible.

Because banking education begins with a false understanding of men and women as objects, it cannot promote the development of what Fromm calls "biophily," but instead produces its opposite: "necrophily."

While life is characterized by growth in a structured functional manner, the necrophilous person loves all that does not grow, all that is mechanical. The necrophilous person is driven by the desire to transform the organic into the inorganic, to approach life mechanically, as if all living persons were things. . . . Memory, rather than experience; having, rather than being, is what counts' The necrophilous person can relate to an object -- a flower or a person -- only if he possesses it; hence a threat to his possession is a threat to himself, if he loses possession he loses contact with the world. . . . He loves control, and in the act of controlling he kills life. (4)

[Footnote #4: Fromm, op. cit. p. 41.]

Oppression --overwhelming control -- is necrophilic; it is nourished by love of death, not life. The banking concept of education, which serves the interests of oppression, is also necrophilic. Based on a mechanistic, static, naturalistic, spatialized view of consciousness, it transforms students into receiving objects. It attempts to control thinking and action, leads women and men to adjust to the world, and inhibits their creative power.

When their efforts to act responsibly are frustrated, when they find themselves unable to use their faculties, people suffer. "This suffering due to impotence is rooted in the very fact that the human has been disturbed." (5) But the inability to act which people's anguish also causes them to reject their impotence, by attempting

. . . .to restore [their] capacity to act. But can [they], and how? One way is to submit to and identify with a person or group having power. By this symbolic participation in another person's life, (men have] the illusion of acting, when in reality [they] only submit to and become a part of those who act. (6)

[Footnote #5: Ibid., p 31.]

[Footnote #6: Ibid. 7.]

Populist manifestations perhaps best exemplify this type of behavior by the oppressed, who, by identifying with charismatic leaders, come to feel that they themselves are active and effective. The rebellion they express as they emerge in the historical process is motivated by that desire to act effectively. The dominant elites consider the remedy to be more domination and repression, carried out in the name of freedom, order, and social peace (that is, the peace of the elites). Thus they can condemn -- logically, from their point of view -- "the violence of a strike by workers and [can] call upon the state in the same breath to use violence in putting down the strike." (7)

[Footnote #7: Reinhold Niebuhr, Moral Man and Immoral Society (New York, 1960), p. 130. ]

Education as the exercise of domination stimulates the credulity of students, with the ideological intent (often not perceived by educators) of indoctrinating them to adapt to the world of oppression. This accusation is not made in the naive hope that the dominant elites will thereby simply abandon the practice. Its objective is to call the attention of true humanists to the fact that they cannot use banking educational methods in the pursuit of liberation, for they would only negate that very pursuit. Nor may a revolutionary society inherit these methods from an oppressor society. The revolutionary society which practices banking education is either misguided or mistrusting of people. In either event, it is threatened by the specter of reaction.

Unfortunately, those who espouse the cause of liberation are themselves surrounded and influenced by the climate which generates the banking concept, and often do not perceive its true significance or its dehumanizing power. Paradoxically, then, they utilize this same instrument of alienation in what they consider an effort to liberate. Indeed, some "revolutionaries" brand as "innocents," "dreamers," or even "reactionaries" those who would challenge this educational practice. But one does not liberate people by alienating them. Authentic liberation-the process of humanization-is not another deposit to be made in men. Liberation is a praxis: the action and reflection of men and women upon their world in order to transform it.

Those truly committed to liberation must reject the banking concept in its entirety, adopting instead a concept of women and men as conscious beings, and consciousness as consciousness intent upon the world. They must abandon the educational goal of deposit-making and replace it with the posing of the problems of human beings in their relations with the world. "Problem-posing" education, responding to the essence of consciousness --intentionality -- rejects communiques and embodies communication. It epitomizes the special characteristic of consciousness: being conscious of, not only as intent on objects but as turned in upon itself in a Jasperian split" --consciousness as consciousness of consciousness.

Liberating education consists in acts of cognition, not transferals of information. It is a learning situation in which the cognizable object (far from being the end of the cognitive act) intermediates the cognitive actors -- teacher on the one hand and students on the other. Accordingly, the practice of problem-posing education entails at the outset that the teacher-student contradiction to be resolved. Dialogical relations -- indispensable to the capacity of cognitive actors to cooperate in perceiving the same cognizable object --are otherwise impossible.

Indeed problem-posing education, which breaks with the vertical characteristic of banking education, can fulfill its function of freedom only if it can overcome the above contradiction. Through dialogue, the teacher-of-the-students and the students-of-the-teacher cease to exist and a new term emerges: teacher-student with students-teachers. The teacher is no longer merely the-one-who-teaches, but one who is himself taught in dialogue with the students, who in turn while being taught also teach. They become jointly responsible for a process in which all grow. In this process, arguments based on "authority" are no longer valid; in order to function authority must be on the side of freedom, not against it. Here, no one teaches another, nor is anyone self-taught. People teach each other, mediated by the world, by the cognizable objects which in banking education are "owned" by the teacher.

The banking concept (with its tendency to dichotomize everything) distinguishes two stages in the action of the educator. During the first he cognizes a cognizable object while he prepares his lessons in his study or his laboratory; during the second, he expounds to his students about that object. The students are not called upon to know, but to memorize the contents narrated by the teacher. Nor do the students practice any act of cognition, since the object towards which that act should be directed is the property of the teacher rather than a medium evoking the critical reflection of both teacher and students. Hence in the name of the "preservation of and knowledge" we have a system which achieves neither true knowledge nor true culture.

 

The problem-posing method does not dichotomize the activity of teacher-student: she is not "cognitive" at one point and "narrative" at another. She is always "cognitive," whether preparing a project or engaging in dialogue with the students. He does not regard objects as his private property, but as the object of reflection by himself and his students. In this way, the problem-posing educator constantly re-forms his reflections in the reflection of the students. The students -- no longer docile listeners -- are now--critical co-investigators in dialogue with the teacher. The teacher presents the material to the students for their consideration, and re-considers her earlier considerations as the students express their own. The role of the problem-posing educator is to create, together with the students, the conditions under which knowledge at the level of the doxa is superseded by true knowledge at the level of the logos. Whereas banking education anesthetizes and inhibits creative power, problem-posing education involves a constant unveiling of reality. The former attempts to maintain the submersion of consciousness; the latter strives for the emergence of consciousness and critical intervention in reality.

Students, as they are increasingly posed with problems relating to themselves in the world and with the world, will feel increasingly challenged and obliged to respond to that challenge. Because they apprehend the challenge as interrelated to other problems within a total context not as a theoretical question, the resulting comprehension tends to be increasingly critical and thus constantly less alienated. Their response to the challenge evokes new challenges, followed by new understandings; and gradually the students come to regard themselves as committed.

Education as the practice of freedom -- as opposed to education as the practice of domination -- denies that man is abstract, isolated, independent and unattached to the world; it also denies that the world exists as a reality apart from people. Authentic reflection considers neither abstract man nor the world without people, but people in their relations with the world. In these relations consciousness and world are simultaneous: consciousness neither precedes the world nor follows it.

La conscience et le monde sont dormes dun meme coup: exterieur par essence a la conscience, le monde est, par essence relatif a elle. (8)

[Footnote #8: Sartre, op. cit., p. 32.]

In one of our culture circles in Chile, the group was discussing (based on a codification) the anthropological concept of culture. In the midst of the discussion, a peasant who by banking standards was completely ignorant said: "Now I see that without man there is no world." When the educator responded: "Let's say, for the sake of argument, that all the men on earth were to die, but that the earth remained, together with trees, birds, animals, rivers, seas, the stars. . . wouldn't all this be a world?" "Oh no," the peasant replied . "There would be no one to say: 'This is a world'."

The peasant wished to express the idea that there would be lacking the consciousness of the world which necessarily implies the world of consciousness. I cannot exist without a non-I. In turn, the not-I depends on that existence. The world which brings consciousness into existence becomes the world of that consciousness. Hence, the previously cited affirmation of Sartre: "La conscience et le monde sont dormes d'un meme coup."

As women and men, simultaneously reflecting on themselves and world, increase the scope of their perception, they begin to direct their observations towards previously inconspicuous phenomena:

In perception properly so-called, as an explicit awareness [Gewahren], I am turned towards the object, to the paper, for instance. I apprehend it as being this here and now. The apprehension is a singling out, every object having a background in experience. Around and about the paper lie books, pencils, inkwell and so forth, and these in a certain sense are also "perceived," perceptually there, in the "field of intuition"; but whilst I was turned towards the paper there was no turning in their direction, nor any apprehending of them, not even in a secondary sense. They appeared and yet were not singled out, were posited on their own account. Every perception of a thing has such a zone of background intuitions or background awareness, if "intuiting" already includes the state of being turned towards, and this also is a "conscious experience", or more briefly a "consciousness of" all indeed that in point of fact lies in the co-perceived objective background. (10)

[Footnote #10: Edmund Husserl, Ideas-General Introduction to Pure Phenomenology (London, 1969), pp. 105-106.]

That which had existed objectively but had not been perceived in its deeper implications (if indeed it was perceived at all) begins to "stand out," assuming the character of a problem and therefore of challenge. Thus, men and women begin to single out elements from their "background awareness" and to reflect upon them. These elements are now objects of their consideration, and, as such, objects of their action and cognition.

In problem-posing education, people develop their power to perceive critically the way they exist in the world with which and in which they find themselves; they come to see the world not as a static reality, but as a reality in process, in transformation. Although the dialectical relations of women and men with the world exist independently of how these relations are perceived (or whether or not they are perceived at all), it is also true that the form of action they adopt is to a large extent a function of how they perceive themselves in the world. Hence, the teacher-student and the students-teachers reflect simultaneously on themselves and the world without dichotomizing this reflection from action, and thus establish an authentic form of thought and action.

Once again, the two educational concepts and practices under analysis come into conflict. Banking education (for obvious reasons) attempts, by mythicizing reality, to conceal certain facts which explain the way human beings exist in the world; problem-posing education sets itself the task of demythologizing. Banking education resists dialogue; problem-posing education regards dialogue as indispensable to the act of cognition which unveils reality. Banking education treats students as objects of assistance; problem-posing education makes them critical thinkers. Banking education inhibits creativity and domesticates (although it cannot completely destroy) the intentionality of consciousness by isolating consciousness from the world, thereby denying people their ontological and historical vocation of becoming more fully human. Problem-posing education bases itself on creativity and stimulates true reflection and action upon reality, thereby responding to the vocation of persons as beings only when engaged in inquiry and creative transformation. In sum: banking theory and practice, as immobilizing and fixating forces, fail to acknowledge men and women as historical beings; problem-posing theory and practice take the people's historicity as their starting point.

Problem-posing education affirms men and women as beings the process of becoming -- as unfinished, uncompleted beings in and with a likewise unfinished reality. Indeed, in contrast to other animals who are unfinished, but not historical, people know themselves to be unfinished; they are aware of their incompletion. In this incompletion and this awareness lie the very roots of education as an human manifestation. The unfinished character of human beings and the transformational character of reality necessitate that education be an ongoing activity.

Education is thus constantly remade in the praxis. In order to be, it must become. Its "duration" (in the Bergsonian meaning of the word) is found in the interplay of the opposites permanence and change. The banking method emphasizes permanence and becomes problem-posing education -- which accepts neither a "well-behaved" present nor a predetermined future -- roots itself in the dynamic present and becomes revolutionary.

Problem-posing education is revolutionary futurity. Hence it is prophetic (and as such, hopeful). Hence, it corresponds to the historical nature of humankind. Hence, it affirms women and men as who transcend themselves, who move forward and look ahead, for whom immobility represents a fatal threat for whom looking at the past must only be a means of understanding more clearly what and who they are so that they can more wisely build the future. Hence, it identifies with the movement which engages people as beings aware of their incompletion -- an historical movement which has its point of departure, its Subjects and its objective.

The point of departure of the movement lies in the people themselves. But since people do not exist apart from the world, apart from reality, the movement must begin with the human-world relationship. Accordingly, the point of departure must always be with men and women in the "here and now," which constitutes the situation within which they are submerged, from which they emerge, and in which they intervene. Only by starting from this situation -- which determines their perception of it -- can they begin to move. To do this authentically they must perceive their state not as fated and unalterable, but merely as limiting - and therefore challenging.

Whereas the banking method directly or indirectly reinforces men's fatalistic perception of their situation, the problem-posing method presents this very situation to them as a problem. As the situation becomes the object of their cognition, the naive or magical perception which produced their fatalism gives way to perception which is able to perceive itself even as it perceives reality, and can thus be critically objective about that reality.

A deepened consciousness of their situation leads people to apprehend that situation as an historical reality susceptible of transformation. Resignation gives way to the drive for transformation and inquiry, over which men feel themselves to be in control. If people, as historical beings necessarily engaged with other people in a movement of inquiry, did not control that movement, it would be (and is) a violation of their humanity. Any situation in which some individuals prevent others from engaging in the process of inquiry is one of violence. The means used are not important; to alienate human beings from their own decision-making is to change them into objects.

 

This movement of inquiry must be directed towards humanization -- the people's historical vocation. The pursuit of full humanity, however, cannot be carried out in isolation or individualism, but only in fellowship and solidarity; therefore it cannot unfold in the antagonistic relations between oppressors and oppressed. No one can be authentically human while he prevents others from being so. Attempting to be more human, individualistically, leads to having more, egotistically, a form of dehumanization. Not that it is not fundamental to have in order to be human. Precisely because it is necessary, some men's having must not be allowed to constitute an obstacle to others' having, must not consolidate the power of the former to crush the latter.

Problem-posing education, as a humanist and liberating praxis, posits as fundamental that the people subjected to domination must fight for their emancipation. To that end, it enables teachers and students to become Subjects of the educational process by overcoming authoritarianism and an alienating intellectualism; it also enables people to overcome their false perception of reality. The world -- no longer something to be described with deceptive words -- becomes the object of that transforming action by men and women which results in their humanization.

Problem-posing education does not and cannot serve the interests of the oppressor. No oppressive order could permit the oppressed to begin to question: Why? While only a revolutionary society can carry out this education in systematic terms, the revolutionary leaders need not take full power before they can employ the method. In the revolutionary process, the leaders cannot utilize the banking method as an interim measure, justified on grounds of expediency, with intention of later behaving in a genuinely revolutionary fashion. They must be revolutionary -- that is to say, dialogical -- from the outset.

 

Contemporary Thought in Education: Artistic Statement as a Group

Group 8: Superheroes' Artistic Statement

Maddy, Carmelo, Dave, Chelsie, Tai and Janelle

Dr. L. Desmoulins

Tuesday February 12, 2013

Artistic Statement 

This connects with Eisner’s 6 teaching plans because we need all 6 lessons to make a whole. If one lesson is missing than the effect is lost. A choir is a colelctivve of people who are creating a musical sound with their voices as they are working together. If one voice falls the rest of the choir begins to fall. In the chjoir a beautiful sound is produced and the audience, as well as the choir itself can enjoy the music. Each person in the choir is engaged in the art of sound because they must gage where their voices is in comparison with their fellows beside them; sometimes it is easier to sing and more enjoyable to sing aas a collective then as an individual, think of the song, “from a little help from my friends” by The Beatles.

Critical Issues in Education: Lecture 1, 2,4,6 (Frieire, Crusius, and D'Bono)

 Lecture 1

-we need to reflect on teaching at the end of the day

-we need to keep in mind the perspective we are imposing on the students

-teacher centered education means students repeat what teacher said

-non teacher centered learning means the teachers are more of a guide or facilitator

-hidden curriculumà what is left in and what is left out

-evolve your teaching methods to the students, do not make the students struggle trying to understand you

Main Ideas from Today’s List

-reflection

-open mindedness

-responsibility

-whole heartedness

-adaptation

-experience

Lecture 2

-TED talksàrobinson, reforming education paradigm

Aims of education and dewy

-pedagogy: the art and science of how we teach children

-creed: a belief system

-philosophy of education is concerned with two main questions:

àwhat is the aim or purpose of education?

àwhat knowledge is most worthwhile?

àother philosophers of education

-pedagogy, has no set of rules that a prof or teacher can give to a student for them to just be great at something

1. who should determine what the aims of the educational system should be?

2. should the students have all the same expectations or should they be individually engineered depending on the student?

3. how important is it to have a personal aim as an educator?

http://www.henryagiroux.com/publications.htm --> henry giroux reading info

Reading – Paulo Freire

-banking model of education

-published work in 1968

-both dewey and freire are philosophers of education and what knowledge is most worth while as well as both looking at active learning

-dewey looks at active learning as a “learner directed action”

-freire talks about the democracy of teacher and student

-friere believes democracy is a method of teaching

-rejects the transmission of knowledge in today

-banking model is about how the teacher deposits and the students are the depositees

-transmitting, transaction (mutual), and transformation (ways to move ideas in learning)

-transform the education system to be responsive

-problem posing education, a problem presented to the students and they figure out the solution without the teacher giving the answer

-the teacher should bring ideas to initiate dialogue

-have the facilitators (teachers)

-have the group participants (students)

-teacher as a narrative

Reading- Timothy W. Crusius

-hermeneutics is the art and science of text interpretation; traditional hermeneutics is the study of written texts

-philosophical hermeneutics is the study and interpretation of human behaviour and social institutions

-assembly line just shooting out machines with know real critical thinking abilities

-very one way passage of knowledge

-need to break the boundaries of authority in terms of knowledge in the classroom

-need to set up groups or partners to work with students so that way communication and engagement of knowledge is forced

connections to essay (cruisis and freire)

-both refer to the current education system as unengaging

-both refer to the education system as a one way passage of information…assembly line/banking model

-Crusius discusses from a composition teacher’s point of view

-Paulo speaks from a general teacher’s point of view

-both talk about the breaking of boundaries in the classroom so that there is no absolute authority of information

-crusius wants students to be asked how to change things through their own observation; not just a “show and tell” with the teacher of their work

Lecture 4

-peggy mcintosh’s “unpacking the invisible backpack”

àwe are very much privileged, individual level vs. global level

àover privilege is seen on a continuum been privilege and oppression

àprivilege makes us able to afford things and there unable to recognize how we indirectly oppress people beneath our level of privilege

Lecture 6

-medicine wheelàvision, relationship, knowledge, and action

-medicine wheel is completely interactive, each part of it, interact with eaachother

-vision: you need to figure out what you want and what the goal you are striving for is

-relationship: you need to work with people to solve any problems that may arise

-knowledge: you need to use your knowledge and skills to accomplish what it is you want

-action: you need to take risks and make things happen

-key to creativity:

àadapting

àco-operating

àcohabitating

àrisk taking

àobserving/reflecting

Eisner

-promotes thinking in a different way

-lesson 6: motives for engagement (pg.9)

àthe work and the worker become one

àin art we lose ourselves in the process of forming

àmotivation is separated from the aesthetic please that comes from art

àthe arts bring a work and worker together through the sensual relationship

àclay and colours can amplify the artist’s emotions during the journey from the individual materials into the collective work

àart is a way for the artist to leave a part of them in the work; a way for their beliefs to live on and make statements to people passing by

àwork is graded or should be graded as its experience, the profound affect it can have, not just on the journey

àspecific interests can direct a work but it will be the interests that make the work profound

“Lesson 6 of Eisner’s work is about the motives of engagement which provides readers, teachers and students with the idea that to be successful in art does not rely on someone who can paint, sculpt or merely have ideas that they want to portray. Art is a much more introspective course, it is a lifestyle for some, and a job for others. How well we sculpt ourselves in our work, determines the level of success and affect of our work. We can truly sculpt ourselves in our work through an introspective evaluation that we go through while in the process of putting the materials together to get the final product. We must become one with the process of the building and undergo the same journey that our art undergoes”

-significant thinker on the arts and arts of education

-uses negative and imagery when talking about current school system

-the 6 lessons reinforce the collective versus the individual

-sees the need for change or disruption of the status qua

-appropriation and representation

-socio-cultural contexts of our images

Edward d’bono

-metaphor of hats

-different colour hats to show different ways of thinking

-hat represents a different perspective

-can use the hat model to process through problems in a classroom

-white hat= data

-red hat= emotion/intuitiveness

-black hat= cautious or critique; what is not going to work

-yellow hat= optimism and positive

-green hat= brainstorm

-blue hat= leader, managing processes, problem solver

Critical Issues in Education: Week 2 Reflection Assignment

Discussion is at the bottom of the post.

1. what is the role of the teacher when a banking model is at  work in education

-teachers use dialogue to inform their students and encourage the transaction

-the teacher is like a boat of gravy, the gravy being the knowledge as it pours or narrates onto the malleable minds of the mashed potatoes which are the students  

The Recipe of knowledge:

Gravy Boat (teacher)àpouring gravy (dialogue)àonto mashed potatoes (malleable students)

-the teacher teaches and the students are taught

-the teacher knows everything and the students know nothing

-the teacher thinks and the students are thought about

-the teacher talks and the students listen- meekly

-the teacher talks disciplines and the students are disciplined

-the teacher chooses and enforces his choice, and the students comply

-the teacher acts and the students have the illusion of acting through the action of the teacher

-the teacher chooses the program content, and the students (who were not consulted) adapt to it

-the teacher confuses the authority of knowledge with his or her own professional authority, which she or he sets in opposition to the freedom of the students

-the teacher is the subject of the learning process, while the pupils are mere objects

2. who does a banking model of teaching benefit most

-With no interaction and collaboration, the banking model is teacher centered. The teacher becomes the oppressor to the passive and empty minded students. Empty minded being that they do not understand and engage the material fully; therefore they are merely memorizing facts without critically analyzing and reflecting on the material. However, with no expectations for students the students have become small sponges to see the perspective of the teacher.

 

 

3. how does a banking model compare with an active model of learning

Crusius Quotes

-“writing was assigned and graded not taught where interaction with students was confined for the most part to formal prescription and the elimination of error.” (pg.77)

Paulo Freire Qoutes

-”Narration (with the teacher as the narrator) leads the students to memorize mechanically the narrated content. Worse yet, it turns them into “containers.” Into “receptacles” to be “filled” by the teacher. The more completely she fills the receptacles, the better a teacher she is.” (pg.106-107)

-“education thus becomes an act of depositing, in which the students are the depositories and the teacher is the depositor. Instead of communicating, the teacher issues communiqués and makes deposits which the students patiently receive, memorize, and repeat. This is the “banking” concept of education, in which the scope of action allowed to the students extends only as far as receiving, filing and storing the deposits.” (pg.107)

ANSWER

3. how does a banking model compare with an active model of learning

The banking model compares to the active learning model on a literal and almost tangible level. Usually the differences in the banking model and the active learning model are very easy to distinguish between. The banking model is characterized by Paulo Freire’s “The Banking Model of Education” (1970). Freire is describing the classroom as a place of transmitting information. The transmission of information begins with a teacher who is passing their information (which they may or may not be comfortably knowledgeable in) to their students without any return to the teacher. Frerie is describing the situation in the classroom as and act of depositing,

“Education thus becomes an act of depositing, in which the students are the depositories and the teacher is the depositor. Instead of communicating, the teacher issues communiqués and makes deposits which the students patiently receive, memorize, and repeat. This is the “banking” concept of education, in which the scope of action allowed to the students extends only as far as receiving, filing and storing the deposits.” (pg.107)

Frerie is basically describing the education system as one way, uninspiring and very one sided with the mere mentality of getting more and more students through the system. This is a very similar statement to that of Timothy W. Crusius oh which he is writing in his work “A Teacher’s Introduction to Philisophical Hermeneutics” about the education system as a mass assembly line. The assembly line model is stating that the education system is merely manufacturing individual pieces of hardware (students) with empty information (materials to which the students are unable to connect to). Crusius is exploring this empty knowledge through the perspective of a composition writer. An example Crusius is giving of how information is empty on an assembly line and how the students are moving through an assembly line is when he is describing the old method of teaching composition, “writing was assigned and graded not taught where interaction with students was confined for the most part to formal prescription and the elimination of error.” (pg.77)

The problem Crusius and Freire are presenting is that the students are not receiving the teaching they deserve or need. Students need to become critically aware of their work as well as their surroundings in a working environment. The students are developing on their own in the current education system with little to no assistance from the institutions that they are fortunate to have (friends, family, teachers, library, themselves). Freire is describing his belief how teachers and students need a dialogue; they need to be recognizing each other as equals on different sides of a continuum. Both students and teachers are understandably learners in the words of his work, “Education must begin with the solution of the teacher-student contradiction, by reconciling the poles of the contradiction so that both simultaneously teachers and students.” (pg. 107) Crusius is agreeing that in teaching the material in a classroom is merely teaching it as a stand alone, stagnate, and forever lasting unit. It is not engaging students, not requiring them to discover their resources and abilities. They are taught to proofread their “free written work” (single draft work) while not recognizing the benefits of a second draft or second opinion. Students are not asking questions to improve their work in itself, but how to improve their work by the standards and requirements of the curriculum. Crusis describes that,

“The first step is to ask for their interpretations and thereby perhaps to gain an active partner, without which no dialogue is possible. And with activity comes the potential for repossessing the world that being processed has taken away, almost beyond the thought of questioning.” (pg.81)

From this, the ability to process and be in a process are distinguishable; just like the banking model and the active learning model. Crusius and Frerie have a similar understanding of how one is able to incorporate a student into the work just as they are going to incorporate the work into the life of a student. Engagement of tasks, as well as equal and mutual dialogue between the students and teachers.

 

References:

Freire, Paulo. 1970 “The Banking Model of Education.” Pedagogy of the Oppressed, Chap. 2. New York: Continuum

Crusius W. Timothy. 1950 “A Teacher’s Introduction to Philisophical Hermeneutics.” Assimilating Philosophical Hermeneutics: Pedagogy. Chap. 7. Urbana, IL: National Council of Teachers of English

 

 

Critical Issues In Education: Final Essay

Everything I Learned and More 

Carmelo Bono

Dr. L. Desmoulins

March 28, 2013

Everything I Learned and More

    To me, the most important things, as I move through learning is the how and the why. As a concurrent education program student, I need, and do ask myself, the following two questions. The first, how is this education actually benefiting me? The second, what is it that makes this experience in the Lakehead Education program an asset to my desired career? I ask myself the reason why, in the sense of my desire and my capability. I ask these things of myself because they are important things for me to recognize about myself and they raise flags every once in awhile. These questions make me recognize I need a reality check. They help me recognize that I am doing this because this is my desired career and this is something I am passionate about. There has been a couple incidents through my studies that left me wondering “why am I going through these five years of academic study?”. Each time, it results with me nodding, smiling and thinking, this is what I need to do to be the change in the world, to be where I want to be, come the future. The path to greatness is paved with the blood, sweat and tears of those before us, tread lightly in the path they laid for us and find yourself in the general area to which you want to be, but leave room for a sidestep of improvement on that path. Sometimes thinking about these things raises flags because, just when I think I know everything I think I pretty well need to know, a curve ball is chucked at me from my peripherals and I learn another interesting fact or skill that will be fundamental as I begin teaching.

    The significance of application, mastery, interaction, repetition, and practise is that they all are all reminders that with hard work, and an open mind, achievements can be made. Even though perfection is a flawed concept, there is nevertheless a point that we contend is the best there is at the time. This acceptance of a given situation is in form, perfection. Practise may not perfect, but it does help prove the will of beings and the ability to work hard towards a goal. With that hard work comes success, it may not always be to the degree of success desired, but nonetheless, successful in an aspect. Mastery is what learners strive for when a goal is envisioned, but its significance is merely a checkpoint in progression or recognition of the highest order in ability. Application is the most significant of all these things. The way appllication of knowledge is made and what is known is truly the test of the self, and one's skills. The way in which one applies what learnings to life and career. So, this new skill is not so much about the mastery, but about being able to learn a new skill and be at a physical and mental strength to complete the task to an acceptable/desired degree.

    In terms of learning, the most difficult part about it, I feel is the retention of technical knowledge to the highest degree. Some technical knowledge, I find easy to retain because of the basic application or etymology qualities it holds, but there is some knowledge that is so detailed and particular in its relativeity that I end up better off describing the idea or concept rather than remember the name. I think this is because the basic concepts is in which I get the opportunity to appreciate the application of these things. The more detailed and trivial learning tasks are, in some cases make the concept far too specific to apply to life at the time of learning. The most difficult part of my new skill learning though I think would be making the time to practise, time management.

    My learning pattern is very much something that I need to follow. Listen, see and try, these are the steps I follow while trying to learn. I will listen to instructions, then watch the instructions if able, otherwise I will just attempt it myself and use trial and error until I feel comfortable with the task. But learning truly clicks when I feel I have made progress, as it does with most people. In terms of my new skill, I observed videos of myself to determine and realize the progress I was making.

    I have always used K.V.A. in all situations (unless one of them were unavailable); K.V.A. is something I learned about at a young age in elementary school and have always been fully aware about, however I did not always apply myself the way I should have at the time. I feel that over the years I am learning more of the particulars to the K.V.A. and how it applies to my learning on a personal level. K.V.A. was used in my new skill when I watched Youtube videos and read manual instructions on how to do tricks as well as balance techniques, but then I needed to physically try them out for myself.

    I did require instruction from videos and manuals on the internet. I also gave instruction while teaching my roommate how to play various hacky sack games and do a couple different tricks while producing videos. I had to demonstrate and verbally explain the way games are carried out and the way tricks were done. It was a noteworthy task to teach it to another individual, but would have been a lot harder trying to teach it to someone who didn't see the value in participating in physical activity in this particular way.

    My conception of teaching is changing in terms of how I recognize the student. The student is actually the teacher in my eyes because as teachers work with different people, they need to adjust and use precedents to help figure out the best way to instruct or motivate an individual who has been instructed by other individuals. Thinking of oneslf in a manner of teaching someone a new skill or ability, there is an "Aha" moment that is shared when the student consolidates their own learning by explaining it in their own words to the teacher. This requires learning of their understanding, and how they assess it compared to their teacher's. This satisfaction of task learning is a mutual feeling which can make a teacher feel like a student because the satisfaction requires mutual understanding, the task was learned, the student learned a new way to describe it to an individual as which they just learned the task.

S.M.A.R.T. Goals for New Skill (Hacky Sack) 

    Specifically I set my sights on learning how to hold up a hacky sack for 15 hits, I have been successful. I will be performing my task to this class in hopes that I am mastered enough in my skill to perform 15 hits within three sessions.

    Measuring my task learning was done through counting hits in a single session over the weeks that I have been working on my skill. So, in the first week, I could keep it up three times, I was hoping by week 3 I would be at about 10 hits per session.

    Attainable skills are attained through pushing and patience. I felt I was capable at pushing through the screw ups and difficult parts of maintaining hits in a single session fairly well. I worked on this task for about an hour each night for 3 weeks. I got better and busier so I began to do an hour every two nights, I still recognized an increase in skill and I think that if I stick with it I would be able to go a lot further with hacky sack.

    Realistically I needed to know that this would be a task which would require physical well being and mental stability. It is a task that would push frustration and test patience to the fullest extent.

    Time was not an issue in this matter because I learned the skill so quickly. I was amazed at how fast I was able to learn it. I was worried at first because I thought it would be a lot harder to learn this skill based on physical attributes associated with this skill. Physical attributions are hand and eye coordination, balance, speed, and flexibility. After conquering these physical restrictions and bending some of the attributions which are required in the skill to fit my attributes, I ran into the issue of time concerning learning the skill because hacky sack was my back up skill. I was originally going to play guitar in class which was going well however I knew I was not making the progress needed to master the skill in my mind. So on the side of hacky sack, I was learning guitar as well, and eventually dropped guitar and switched to hacky sack.

 

IN CLASS Presentation

 

-Hacky sack was invented in nearly every ancient civilization; however the modern sport as we know it today in North America was invented in 1972 by John Stalberger and mike marshall in Oregon city

· Ted Martin

· Total kicks: 69,812

· Total time: 7 hrs. 38 min. 22 sec.

· Date of record: November 15, 1995

· Official event: Classic Footbag 1995 (Chicago, Illinois, USA)

Four games:

1. assassin; compliments editionà when you walk the circle, you need to go around and say something nice about each person in the circle; the hack must be passed once before assassinating

2. count; one person starts with one, next two, the next three, and so on; does not have to be consecutive hits between people

3. PIG; must copy what the person in the middle does, sack cant hit floor or hack gets passed on to next person

4. Freestyle

 

Music playingàmodestep? franz Ferdinand?

 

Rules:

-If hack hits ground the count, or round is dead