Презентация methods lect5 v09 2014 send

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5. Methods of legal research. Scientific method.  Marusenko R. , Ph. D maru@fm. com. ua.5. Methods of legal research. Scientific method. Marusenko R. , Ph. D [email protected] com. ua. Methods and organization of legal studies

Scientific method “ The scientific method is the process by which scientists, collectively and over time,Scientific method “ The scientific method is the process by which scientists, collectively and over time, endeavor to construct an accurate (that is, reliable, consistent and non-arbitrary) representation of the world. ” http: //teacher. pas. rochester. edu/phy_labs/appendixe. html

Theory vs. practice “ Theory is when you know everything but nothing works.  Practice isTheory vs. practice “ Theory is when you know everything but nothing works. Practice is when everything works but no one knows why. In our lab, theory and practice are combined: nothing works and no one knows why. ”

Kinds of theories Practice Theory. B ottom U p Theories from practice  Top D owKinds of theories Practice Theory. B ottom U p Theories from practice Top D ow n. Theories produced by scientists How? Why? What? d. i. t.

Induction (from specific observation to generalisation, bottom-up approach, complete and incomplete) Deduction (from general rule toInduction (from specific observation to generalisation, bottom-up approach, complete and incomplete) Deduction (from general rule to more specific case or top-down approach) Traduction (same level of prerequisite and conclusion, i. e. specific-specific, analogy) Reasoning ways (laws of logic)

Common mistakes Scientist's bias on the outcome  “ Blindness” to important facts Inappropriate tools Common mistakes Scientist’s bias on the outcome “ Blindness” to important facts Inappropriate tools Tools applied in wrong way Wrong reason Cognitive radicalism or conservatism

Common mistakes • Ignorance of data that contradict hypothesis • Reported that similar research was doneCommon mistakes • Ignorance of data that contradict hypothesis • Reported that similar research was done already • Theory vs. practice • Conflict of interests

Theory vs. practice “ Darrow has concluded, after a life full of experience with criminals, ifTheory vs. practice “ Darrow has concluded, after a life full of experience with criminals, «if doctors and scientists had been no wiser than lawyers, judges, legislatures and the public, the world would still be punishing imbeciles, the insane, the inferior and the sick; and treating human ailments with incantations, witchcraft, force and magic. We should still be driving devils out of the sick and into the swine. » Fowler V. Harper,

When scientific method is not applicable? When scientific method is not applicable?

Goals and objectives Goal - t he purpose of activity, that directs and addresses endeavors Goals and objectives Goal — t he purpose of activity, that directs and addresses endeavors Desired result, often long lasting Actions to achieve are generic Ex. : Success in HR Law Objective – purpose , efforts or actions are intended to attain Tangible and measurable, short-term Actions to achieve are specific Ex. : Obtaining master’s diploma

3 types of goals Goals – tasks  Goals – demands  Goals – dreams 3 types of goals Goals – tasks Goals – demands Goals – dreams

5 more types of goals To do To have To know To treat  To be5 more types of goals To do To have To know To treat To be

Models of analysis General purpose model S. M. A. R. T.  Specific models S. W.Models of analysis General purpose model S. M. A. R. T. Specific models S. W. O. T. S. N. W. V. R. I. O.

Motivators to/from The hardest part about finishing is starting J. Kintz Avoidance Achievement. Start Finish Motivators to/from The hardest part about finishing is starting J. Kintz Avoidance Achievement. Start Finish

Motivation 1. Decision Internal / external 2. Persistence B iological, emotional, social, cognitive f actors Motivation 1. Decision Internal / external 2. Persistence B iological, emotional, social, cognitive f actors 3. Intensity Concentration, efforts

V. Pareto’s principle “ Vital few and trivial many” rule Result = F(Effort) V. Pareto’s principle “ Vital few and trivial many” rule Result = F(Effort)

Internal & external. Goal internal value system Enjoy of result or process? Have to? Need to?Internal & external. Goal internal value system Enjoy of result or process? Have to? Need to? Fun? Pleasure? Grades, money, other rewards? Society, employer , etc. push pullinfluence

Common types of sources Theses  Monographs Textbooks Articles Conference papers Vocabularies  Abstracts Scholar GoogleCommon types of sources Theses Monographs Textbooks Articles Conference papers Vocabularies Abstracts Scholar Google

Reliability Recognized source?  Have an author?  Up to date?  Sphere and jurisdiction? Reliability Recognized source? Have an author? Up to date? Sphere and jurisdiction? Wikipedia and similar… Rewritten ideas

Techs  Follow the references Supervisor’s help Identify most relevant Map sources Keywords  ‘ Main’Techs Follow the references Supervisor’s help Identify most relevant Map sources Keywords ‘ Main’ authors

Nonverbal communication Gestures Body position Expressions Eye contact Hands position Dress  Time Nonverbal communication Gestures Body position Expressions Eye contact Hands position Dress Time

Active listening To listen and to hear Understanding  Intrest in. . .  Absence ofActive listening To listen and to hear Understanding Intrest in. . . Absence of estimation clarification P auses G eneralization T o listen vs. to speak I nformation vs. emotions

Is the t ime manageable? Time management  is the process of planning activity that includesIs the t ime manageable? Time management is the process of planning activity that includes control of amount of time available for such activity. Goal – to increase effectiveness, efficiency or productivity. Ti me management system is a designed combination of processes, tools, techniques, and methods.

We need to… Set priorities Carry activities around priorities set Eliminate or exclude activities beyond theWe need to… Set priorities Carry activities around priorities set Eliminate or exclude activities beyond the priorities Organize time Distribute resources Organize people (teamwork) Plan regularly

Time to be organized Techniques of:  V. Pareto  D. Eisenhower A. B. C. methodTime to be organized Techniques of: V. Pareto D. Eisenhower A. B. C. method ‘ Eat a frog’ POSEC method Grant’s diagram S. Covey GTD (D. Allen’s) etc… “ And in the end, it’s not the years in your life that count. It’s the life in your years. ” Abraham Lincoln

C. Parkinson’s law The more time you have to complete the work,  the more timeC. Parkinson’s law The more time you have to complete the work, the more time you will use. Work expands to fill all time available for it. Productivity=1/Time “ 1001 tickets and 1 night” Student’s story

24 hours Techniques. What matters:  30 min to plan  To deal with time-fillers To24 hours Techniques. What matters: 30 min to plan To deal with time-fillers To run against the clock Be organized Behavior, not time TM tools Prioritization Time in-between Cut off Rest You will have better sleep when you set alarm not for 6: 30, but for example… at the staircase…

24 hours Techniques. What matters:  Delegation Time limits for tasks Time pockets Do-do lists vs.24 hours Techniques. What matters: Delegation Time limits for tasks Time pockets Do-do lists vs. deadlines Moment to decide Target to be early Reminders Synergy of tasks Unimportant details? Focus on Big Rocks Be accountable “ A goal is a dream with a deadline. ” Napolean Hill

Time to manage/waste Motivation to/from Orientation on process/result Internal/external reference 3 p’s By failing to plan,Time to manage/waste Motivation to/from Orientation on process/result Internal/external reference 3 p’s By failing to plan, you are planning to fail.

Law of Diminishing Returns Output = f (input) Increasing curve Point of satiety (!) Decreasing curveLaw of Diminishing Returns Output = f (input) Increasing curve Point of satiety (!) Decreasing curve

Group dynamics Interaction Within group Verbal or not Mutual ‘goal’  Group dynamics Interaction Within group Verbal or not Mutual ‘goal’

Stages  F orming S torming N orming P erforming A djoining B. Tuckman Stages F orming S torming N orming P erforming A djoining B. Tuckman

Stages of a team formation Group 1+1+1… -30 Competition+, duplication of functions+, responsibility-,  overcontrol+ CommunityStages of a team formation Group 1+1+1… -30% Competition+, duplication of functions+, responsibility-, overcontrol+ Community 1+1+1… 100% Same direction+, goals match+ Team 1+1+1… 130% Responsibility+, I win when you (we) win

TEAM T ogether E veryone A chieves M ore • Common vision • Trust  •TEAM T ogether E veryone A chieves M ore • Common vision • Trust • Independence • Accountability • Complimentarity • Responsibility • Synergetic results. T he whole is greater than the sum of its parts

Styles of leadership Autocratic Paternalistic Participative Delegative Want you to… Influence… Let’s… Take care of… Styles of leadership Autocratic Paternalistic Participative Delegative Want you to… Influence… Let’s… Take care of…

Situational leadership. Leader’s style S 4 Delegating, monitoring. Process & responsibility – on group.  SSituational leadership. Leader’s style S 4 Delegating, monitoring. Process & responsibility – on group. S 3 Participating. Shared decision-making. S 2 Providing direction, support. Two-way communication. S 1 Telling what to do. One-way communication. Hersey, Blanchard

Situational leadership. Group’s maturity M 4 Very capable, confident, ready to take responsibility M 3 Capable,Situational leadership. Group’s maturity M 4 Very capable, confident, ready to take responsibility M 3 Capable, lack of confidence M 2 Unable to take responsibility, willing & enthusiastic. M 1 Unable, insecure. Lack of skills, responsibility. Hersey, Blanchard

Combinations Combinations

‘ Leadership (managerial) grid’ ‘ Leadership (managerial) grid’




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