28 December 2013

Spirits and Legal Articulation


Vojtech Novotny discusses biology research in Notebooks From New Guinea: Reflections on Life, Nature, and Science From the Depths of The Rainforest. From his visit to the rainforest, Novotny compiled advice for other tourists. He warns against trips to the dangerous Karkar Island's volcano. The indigenous people also warn against travelling there but for different reasons. This post explores that difference and the use to which the synthesis between the perspectives may be put during a legal education.

25 December 2013

Three Observations From AA (Afghanistan)

In AA (Afghanistan) v SSHD, the Secretary of State refused a child from Afghanistan's asylum application (at [2]). She omitted, however, properly to engage with the relevant legal provisions, which impose a 'tracing duty' when dealing with 'unaccompanied asylum-seeking children' to facilitate their return to their families (at [3], [6]–[15]). To appeal, AA argued the SSHD's omission effectively rendered the refusal powerless. Underhill LJ carefully analysed the appellant's arguments, held the SSHD breached her duty, but ultimately dismissed AA's appeal. The case is interesting for three main reasons, examined below.

21 December 2013

'Under Erasure' Continued

This post briefly extends the discussion begun in an earlier post concerning 'under erasure' writing. In Doing What Comes Naturally, Stanley Fish discusses that phrase in relation to Austin, Derrida, and Heidegger. Fish's work is interesting but often open to criticism. This criticism may frame part of a methodology that students might use to construct essays and meanings.

12 December 2013

Three Writing Styles

This post explores how to help students use writing to develop intellectually. Writing forces articulation and clarification, but what is not always explained is just how students (or any writers) might achieve those loose goals. Writing is beneficial because it gives traction to thought-experiments, but this may be impeded if (student) writers frame their text with the 'wrong' considerations.

7 December 2013

Basic Induction: A Warning

This post offers a short warning against induction, a method in logic that is open to mistakes. Induction is used to devise general rules from specific events, and is criticised in a quote in my previous post.

4 December 2013

Brackets and Voice

Some authorities, and some opinionated people with pens or keyboards, advise against using brackets for parenthesis. There is no need to go so far. Bracketed comments are often useful. It may be counter productive to exclude this writing device to satisfy misplaced pedantry.