Donald Oliver & James Shaver:
Jurisprudential
Overview



Teachers often face decisions about controversial issues. Many times students seek answers to controversial topics. Teachers are implored to remain neutral on many vexing two-sided issues. In its purest form, the jurisprudential model of Donald W. Oliver and James Shaver is a replica of the judicial process. Judge, prosecutor, defendant, defender, jury, and witnesses are identified to "try" a real case. Again, both process and product are important. This approach is usually applicable to historic trials, contrived ethical situations, or real situations. Activities are time consuming and effective for interpersonally strong students.

A more simple approach that usually occupies a single class situation is useful in a variety of disciplines. The approach is fail-safe. A problem with two clearly defined sides is presented. One half of the class makes a list of 10-15 reasons to support the concern, and the other half of the class lists 10-15 reasons not to support the concern. Following a presentation of the lists by a spokeperson from each side, the lists are exchanged and each team must supply two additional positions to the other's list. These additions are discussed, and the lesson is concluded, if appropriate, with students describing their own positions along with reasons, justification, and evidence.

Illustration


Examples of activities that could promote a jurisprudential method of teaching could include:

1. Schools should require students to wear uniforms.

2. There should be mandatory sentences for all crimes.

3. Taxpayer support for school activities should be eliminated.

4. Prayer in schools should be reinstated.

5. Drug screening should be required for all school students.

6. The nation needs a standardized school curriculum.

7. All school seniors must pass a formal competency assessment.


Used by permission: Copyright © 1998, 2004 T. Armstrong, M. Klett, S. Graves: Idaho Virtual Campus