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Corbin, Lillian --- "Learning in Cyberspace: Succession Law Online" [2004] MurdochUeJlLaw 9; (2004) 11(1) Murdoch University Electronic Journal of Law
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Learning in Cyberspace: Succession Law Online
| Author: |
Lillian Corbin BBus, LLB (Hons), Grad Cert H Ed
Lecturer, Griffith University Law School
|
| Issue: |
Volume 11, Number 1 (March 2004)
|
Contents
- Commencing my university study late in life was quite a
challenge for me. So when I was appointed as a lecturer in law at the
Griffith
University, Australia, my sole goal was to master the courses
I had been given and enjoy the students. However, in my second year
of
teaching I foolishly commented to the Dean that it was my opinion that
our offering was less than optimal since we did not teach
Succession
Law. While he acceded to this view, he saw the situation as an
opportunity to provide an example to the Law School [that
has multiple
campuses] that courses could be successfully taught by one teacher
across-campuses using the web. So his challenge to
me was that I could
teach Succession Law (which is an elective course) but that I was to
present it in the most flexible way possible.
While his commendation to
me was that he believed that I was 'sufficiently organised and attuned
to education design issues to carry
it off', I suddenly felt as though
I had bitten off more than I could chew.
- After gathering my thoughts, I started to explore how
on-line courses were being offered and my respect for this way of
teaching commenced.
Initially I was of the view that it was just
another way of presenting the material, albeit with the addition of
some bells and whistles.
In other words, I was of the view that many
on-line courses were 'all glitz and no substance' (Mason 1998).
However, the more I investigated
the more I found that many authors
suggest that the truly worthwhile offering is not about the technology
per se, but how it is used
(Ehrmann 1995). In other words, the
technology needs to be used to enhance learning Mazoue 1999). It is the
bit player in the environment,
not the star (Ruth 1997). So a course
designed very carefully to use the tools offered by an on-line system
could be pedagogically
sound and, it could be argued, more successful
than the traditional methods of lecture and physical tutorial sessions.
This on-line
type of course emphasises the fact that students are
discoverers of knowledge, not receptacles to be filled (Ruth 1997).
This aligns
with constructivist theory mentioned below. So in deciding
to offer Succession Law on-line, I recognised that my real job was to
design a course that provides an ideal environment using the
appropriate tools to ensure that student learning is the outcome. The
following discussion uses Succession Law as a case study to illustrate
what can be accomplished.
- By way of explanation I should outline what I mean by
Succession Law. Succession Law is all about people making wills and
administering
the estates of deceased persons. This requires students
to understand the Succession Act and its application, particularly in
relation
to whether or not a claim can be made against an estate where
beneficiaries have not been mentioned or have received less than they
thought they should in a will. The course also considers some
theoretical questions eg is there really testamentary freedom?
- I am the convenor of this elective course and the
students are physically situated at either the Nathan or Gold Coast
campuses. In
2001 there were 35 students, 2002 31 students and in 2003
there were 52 students. While there are physical lectures in weeks one
and ten at both campuses and the whole student-body meet at Logan in
study week, most of the course takes place on-line. All the
assessment
takes place on the web except for a very short final exam administered
centrally.
- As I mentioned previously, the offering needs to be
pedagogically sound. By this I mean that student learning must be the
aim and
that educational theory should inform the design. All learning
theories emphasise the concepts of learning, instruction, and transfer
but there are three major learning theories, which are behaviorism,
cognitivism and constructivism, that give these words particular
meanings (Schwartz 2001). It is the latter theory that interests me.
Behaviorism and cognitivism consider that 'the world is real,
external
to the learner, and full of discoverable truths' (Etmer and Newby
1993). So teachers following these theories consider students
as
'passive learners whose only responsibility is to respond to stimuli
when presented with it' and so teachers analyse the outward,
observable
behaviour of students to determine whether they have learned (Stockings
2002).
Whereas teachers applying constructivist
theory consider learning and
knowledge as something to be constructed by the individuals from their
own experiences (Smith and Ragan
1993). Teachers here realize that
learning happens in the minds of the students and that '[t]here is no
such thing as knowledge "out
there" independent of the knower, but only
the knowledge that an individual constructs as they learn.' (Stockings
2002)
- All the theories have a place in courses but it is the
constructivist theory that prompted the design of Succession Law. It is
this
theory that aligns well with an on-line environment. This theory
emphasizes that
- Learning and knowledge need to be constructed by a learner - they cannot be instructed or transmitted by a teacher;
- This learning and knowledge comes from their own experiences; and
-
Students develop their own personal interpretation of experiences ie
construct their own perspectives of meaning individually or
in
collaboration with others (Stockings 2002).
- According to this theory it can be said that 'real
education does not occur on a campus - it occurs in the minds of the
students'
(Phillips 2000). This suggests that it does not matter where
the class is. In fact, a virtual classroom fits the definition just
as
well as a traditional setting. A classroom, after all, is a centre
where communication takes place focusing on a text, or other
material
that forms the basis of the learning objectives (Hsu 1999). It is a
place where students discuss the content and construct
meaning.
- This theory also exemplifies what it means to be
student-centred. Teachers using this theory see the students as the
'starting point,
the centre and the end' (Ahdal-Haqq 2002). Their role
is to provide learners with the content in such a way that it raises
questions
and an environment that allows them to communicate with
students and teacher and collaborate with them to 'build on their
knowledge'
(Stockings 2002).
- So recognizing that the learning environment is
all-important, there needs to be a consideration of the roles played by
the teacher
and students; the communication tools; and the assessment.
- Essentially, in on-line courses, the roles of the
students and teacher are different to those in traditional offerings.
However, this
is not a concern but rather a strength. The increased
role required of students, I believe, actually achieves the goals that
we as
teachers have been trying to manage through the traditional
methods. On-line courses, designed carefully, include constant
assessment
items (Goetz 2000) that require students to engage with the
material. They do have to read and then critically consider what they
have read to effectively interact with others. So certain tools
available on-line and assessment that 'arises naturally from the
situation in which the instruction is imbedded' (Stockings 2002)
facilitate this process. I will illustrate this by discussing the
assessment regime and the use of Blackboard's tools in Succession Law.
- It should first be noted that everything does not have
to be presented on-line. It is quite acceptable to require students to
study
from a physical text. In fact for students to have to read huge
amounts of text online would be quite tedious. The on-line presentation
of text on computer screens is still considered a poor interface
(Carr-Chellman and Duchastel 2001). However, it is academically
justifiable to include current material via web links or in resources,
particularly where they are not accessible anywhere else.
- Presential instruction still remains a part of the
course (Carr-Chellman and Duchastel 2001). The week one lecture is
primarily an
orientation to the environment particularly explaining the
assessment requirements and some theoretical perspectives that underlie
this area of law. Week ten's lecture addresses some very difficult
material and the study week's meeting acts as a nice mix of meeting
the
phantom team members and preparation for the exam.
- So taking all these elements into account, it could be
said that while Succession Law is predominantly an on-line course,
there are
still physical events, but they play a minor part.
- It is the assessment items conducted with the on-line
tools that are the interesting elements of this course. In a nutshell
the assessment
consists of:
- Semester long discussion forums focussing on the text;
- Interviews with a testator and formulation of a will plus a chat with an expert; and
- Construction Assignment - advising a client on their chances of challenging a will after Probate has been granted.
- The last two pieces of assessment are based on real
world situations allowing the students to apply the knowledge they are
gaining
in a practical way (Carr-Chellman and Duchastel 2001).
- The on-line system used at Griffith is Blackboard. It
features a general noticeboard - for general communications to the
class, course
content - which houses the study guides, about this
course - where the course outline and timetable are included, web links
and particular
communication tools that facilitate the submission of
assignments ie digital drop box. It also features an area called
Resources
where the wraps (summaries of the group's discussions) and my
comments are posted. This will be explained below. However the most
interesting tools are:
- General Discussion Forums that can be accessed by all the students enrolled in a course;
- Virtual chats which allow on-line synchronous communication accessible by the whole study body; and
-
Group Pages only accessible by particular members nominated by the
teacher. Within this latter environment the group members can
communicate
- asynchronously via thread postings;
- by email; and
- synchronously via virtual chat.
- However, as mentioned before, the technology ie these
tools, are just an empty space, it is up to the teacher/designer to
enliven
or animate it (Feenberg 1999). The real 'pedagogical
experiences involve human interactions' (Feenberg 1999).
- Discussion forums, particularly those conducted within
small groups of no more than 6, are perfect for learning. In this
protected
place students can share their views on a topic without fear
of public humiliation, especially if they know some of the members.
Not
only do they offer a sheltered haven where students can try their
wings, but in this site they are equally called upon to teach.
It has
been my experience that the best way to learn something is to have to
teach others (Doherty 1998).
- The group discussion forums run throughout the
semester in two-weekly periods. They focus on the text. So there are
six discussion
periods. For each discussion period, one student is
nominated as the 'starter' who is responsible for raising questions
from the
text for discussion. All members are required to engage with
the material and at the end of the two-week period the 'wrapper'
summarises
the group's discussion. The summaries or 'wraps' are then
collected and posted under resources so that all the members of the
class
have the benefit of the comments of other groups.
- Students raising questions about the text cause the
other students to have to re-visit their understanding and therefore
they are
constantly constructing their knowledge. They are involved in
collaborative learning. They are confirming others' understanding,
correcting misconceptions and being constantly challenged on their
views. All the while the students have control over their 'movements
within the environment, including the decision to stay or to leave.'
(Wydra 1980) Their discussions sometimes lead to heated differences
in
their perspectives, but this too can be an enlightening and worthwhile
experience.
- While there is plenty of flexibility, it is not a
'free-for-all' or learner anarchy (Wydra 1980). While I rarely
intervene in the
groups' discussions, I am still in control as the
students are aware that I am accessing their interactions and taking an
interest
in what is being said. My specific involvement comes at the
end of the two-weekly periods when I gather the wraps and post them
onto
Resources so that all the students have the benefit of what all
the groups have been discussing. I also post my answers to queries
and
comments on what has been discussed and endeavour to add other relevant
points. These are also posted onto Resources. My involvement
in this
way avoids students feeling that they have been abandoned in the
information wilderness (Mazoue 1999) or lost in space.
- The discussion forums rely on asynchronous
communication. This method allows students to reflect on what has been
written by others
about the text. They can then reply when they have
formulated a response, and this can be done at their own pace, at their
own time,
and from wherever they are - as long as there is a computer
with internet access (Taylor 1996). There is no set way of expressing
their thoughts. They can talk in their own style without being
manipulated and controlled by others interjecting or correcting them
(Jensen 1996). This, it has been argued, increases learning, (Jensen
1996) and makes students less dependent on teachers (Boettcher
1999).
This method also allows students to check the records continually and
builds up a collection of material discussing the text
that can be
utilised by the students for examination purposes.
- The discussions require students to 'comprehend what
is being discussed by others, create ideas in the context of the topic
at hand,
organize thinking coherently, and express that thinking with
carefully constructed language' (Klemm 1998). The whole of the text
is
covered in the bi-weekly discussion forums.
- This activity has marks awarded to it on an individual
basis judged according to the quality of the postings. Therefore the
students
cannot passively lurk (Kang 1998) in the background -
participation is not optional. In fact it is my experience that
students may
get involved initially for their own self-interest (Kang
1998) in obtaining the marks, but many students participate more than I
would expect. No matter how rocky the pathway, the students' confidence
in their own understanding grows and their submissions become
more
thoughtful as the semester progresses.
- Over the course of the semester many groups develop a
team spirit (Klemm 1998) that equips them well for working together to
formulate
a common document. In the last couple of weeks of the
semester students are required to write a memorandum of advice to a
client
concerning that client's prospects in challenging a will. While
this task would feel quite overwhelming for them in the beginning
of
the semester, it does not present as such an enormous task at the end
since they have learned to interact with the other group
members by
this time. This task brings together the skills that students have
implicitly developed over the semester. It requires
them to work
collaboratively and pool their knowledge to construct a single
response. Before this task is commenced the scenario
and answers from a
previous year are posted to the web site so that the students know the
standard and quality of work that is required
of them (Sadler 2002).
The availability of this standard to the students is proving to be
quite an incentive to students to produce
even better work than their
peers from previous years.
- The course also utilises the tool of 'virtual chat'. This tool allows 'real time' meetings.
- Since Succession Law is all about people making wills,
it is obvious that students need to develop an understanding of the law
so
that they can aid their clients in this task. To achieve this, the
students are required individually to conduct an interview with
the
teacher as the testator, to extract the information required to
formulate a will. Before the interview takes place the students
are
only told the bare facts - only those that would be given to a lawyer's
secretary. For instance, the person's name, address,
and perhaps that
the person wants to make a will to ensure that their mentally disabled
son is taken care of, or that they are soon
to be married. The
synchronous communication involved in this task allows the student
access to the teacher directly.
- After the interviews have taken place a class virtual
chat is arranged giving the students an opportunity to talk directly
with a
local expert - a senior partner of a law firm - who answers
their questions about formulating a will. This adds a very practical
and real world element to the course. It allows students to communicate
their questions directly to the expert, a dimension not always
achievable in a traditional class (Ko 1998).
- Data from qualitative course evaluations has been
collected for each year that the course has been taught. The following
questions
were asked:-
- Which features of the course helped you to learn? Why?
- What would you change in the teaching of this course?
- Any particular comments about
- Text
- Web site for this course
- Discussion Groups
- Will assignment
- Virtual chats with the expert
- Construction assignment
- Other comments?
- The Discussion forums featured principally in answer to
Question 1 in all three years ie 86%, 91% and 86%. The students
recorded that
being able to interact with the other members of their
group helped them learn and gain an understanding of the subject
matter. They
also commented that this continual assessment 'made them
read' and that they 'could not get behind'. A couple also mentioned
that
'there was a decent reward' for contributing.
- The Will assignment was considered the next most
positive learning environment. Some of the students felt challenged by
the lack of
factual information given initially and the requirement to
interview the convenor, but they all spoke positively of the experience
and that it had an air of reality to it.
- The construction assignment was acknowledged to be a
very practical exercise and a good learning experience, but about 10%
expressed
the view that they would have preferred it to be an
individual effort. This is not an unusual comment where group work is
included
in assessment. A number of students mentioned they initially
found it difficult to formulate a document on the web, but having the
facilities within their web pages of virtual chats and email provided
them with tools to accommodate this task. The classes of 2002
and 2003
expressed their appreciation for being able to view the answers of
former students for this assessment piece.
- Even though students enter the course knowing that it
is predominantly web-based, there were still a small number who
answered question
2 by suggesting that there should be more lectures.
On the whole the students' comments are very positive and the growing
numbers
who wish to take this course each year attest to the fact that
they have heard encouraging things about it.
- A number of lessons have been learned, not the least of
which is that the challenge is worth taking. I learned that as a
teacher of
an on-line course I didn't have to be a lover of computers.
It is enough to be enthusiastic about the possibilities technology can
provide to learners. I also learned to be patient with others who are
learning how to use the technology and to be flexible when
things go
wrong - as they often do. The most important revelation is that
students are very happy with this way of learning and the
students who
participated in the three end of semester evaluations attest to the
fact that they actually read the material and felt
that they concluded
the course having a deep understanding of the practicalities involved
and the theoretical foundations for the
law in this area.
- I believe that an on-line course is a valuable
experience for students and teacher alike. Good student-learning
outcomes follow when
students are allowed to actively engage with the
material and each other. Teachers need to carefully design the course
and endeavour
to use real-world situations in assessment to create an
environment that provides those experiences. It is my view that on-line
activities
do encourage the students to be the creators of their own
learning.
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