5 research outputs found

    The Science of Legal Synthesis

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    (Excerpt) This Article applies scientific research to improve and systematize legal synthesis, a vital element of reasoning that spans legal analysis, legal education, and law practice. Despite its critical role in legal analysis, synthesis is poorly understood, hard to perform, and even harder to describe. Synthesis embodies a hidden curriculum that legal educators expect students to learn “by osmosis.” This lack of transparency frustrates both professor and student, rendering the skill difficult to teach, assess, and master. This Article provides reliable methodologies to better understand how legal synthesis really works and how to actually perform it. Part I provides a high-level overview of the centrality of synthesis and inductive reasoning in legal analysis and a review of legal texts examining how legal synthesis is described and taught. Part II examines the science of synthesis, the role of categorization in inductive reasoning, and the research findings leading to greater inductive strength. Finally, Part III explains the mechanics of synthesis and proposes concrete, evidence-based recommendations for effective legal synthesis

    The Effects of Feature Verbalizablity and Indirect Feedback on Implicit Category Learning

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    This study consisted of two experiments intended to investigate the effects of varying factors on the use of verbal and implicit classification systems when learning novel categories in an interactive video game environment. Experiment 1 measured the effects of feature type (easy vs difficult to describe verbally), and Experiment 2 measured the effect of direct vs indirect feedback. Verbal and implicit classification were operationalized by measuring rule-based and family resemblance strategy use respectively. Experiment 1 found that participants presented with stimuli that were easy to describe verbally were more likely to use rule-based classification, while participants presented with stimuli that were difficult to describe verbally showed no preference for one form of classification. Experiment 2 found that participants favoured rule-based classification regardless of whether they received direct or indirect feedback. The results of this study open up a novel field of research within category learning, further exploring the effects of feature verbalizablity

    Culture and Classification: Investigating Analytic vs. Holistic Thinking Styles

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    This paper sought to explore cultural preferences for analytic and holistic thinking in classification. Experiment 1 paired the Shepard, Hovland, and Jenkins (SHJ) tasks with the Analysis-Holism scale (AHS) and a demographics questionnaire. Effects of culture on learning rates, alongside the feasibility of online data collection, were assessed. Learning difficulty differences among the six SHJ category sets were observed. Further, as predicted, higher holistic thinking correlated positively with the family resemblance task. Experiment 2 replicated the Norenzayan et al. (2002) task. Unlike in the original study, the effect of instructional condition was not significant across our full sample. Nevertheless, the non-Western sample showed higher holistic thinking in the similarity instruction condition. Moreover, our sample did not show any overwhelming preference for either analytic or holistic thinking strategies. Overall, our results are inconclusive, yet promising, and hint at some effect of culture on classification. This warrants further research in this domain
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