L8 IssueInquiry I

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EDD 5229 Liberal Studies in Knowledge Society Lecture 8 Understanding the Curriculum Form of Liberal Studies I: Conception of Issue Inquiry Approach

Understanding the Structure of the Areas of Study: Science, Technology & the Environment: 

Understanding the Structure of the Areas of Study: Science, Technology & the Environment

What is At Issue? Understanding the Nature of Issue Inquiry : 

What is At Issue? Understanding the Nature of Issue Inquiry The idea of “Issue” According to the Oxford English Dictionary, the noun “issue” means “a point or matter in contention between two parties; …a choice between alternatives; a dilemma”. The phrasal expression “at issue” means “in controversy; taking opposite sides of a case or contrary views of a matter. “To join issue” means “to accept or adopt a disputed point as the basis of argument in a controversy; to proceed to argument with a person on a particular point”. “To make an issue of” means to turn into a subject of contention”.

What is At Issue? Understanding the Nature of Issue Inquiry : 

What is At Issue? Understanding the Nature of Issue Inquiry The idea of “Issue” The conception of “Issue Inquiry” To inquiry into an issue means to study and clarify the points or matters, which the parties engaging in a controversial issue put forth in the debate; to analyze these points of matters in institutional and comparative perspective; and finally to come up with a personal stance towards the issue under inquiry.

Examples of Teaching Models of issue inquiry approach : 

Examples of Teaching Models of issue inquiry approach Oliver and Shaver’s jurisprudential approach (1966) James Banks’ decision-making model (1973/1985) Robert Stradling’s teaching controversy issue (1984) Engle and Ochoa’s citizens’ decision-making approach (1988) Multicultural education (Banks, 2002)

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Decision-Problem What action should we take regarding race relations in our city? Social Inquiry Key Concepts Conflict Culture Discrimination Specialization Power Value Inquiry 1. Recognizing value problems 2. Describing value-relevant behavior 3. Naming values 4. Determining value conflicts 5. Hypothesizing about value sources 6. Naming value alternatives 7. Hypothesizing about consequences 8. Choosing 9 Stating reasons, sources, and consequences of choice Knowledge necessary for naming alternatives and making predictions Value Clarification Making a Decision 1. Identifying Alternatives (Using generalizations related to key concepts to identify alternatives) 2. Predicting Consequences of each alternative (Using generalizations related to key concepts to predict consequences) 3. Ordering Alternatives Which is most consistent with value position identified above? Action

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies : 

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies The teaching framework is made up of the following constituents Issue analysis: It refers to first of all identifying the social background from which the issue invokes. Second is to identify the parties engaging in an issue. In public and social issues, they may involve different political parties, interest groups or stake-holders. However, in a controversial social issue, the engaging parties may be numerous in number and their opinions about the issue may vary diversely. Nevertheless, as in most political issues, these diverse stances will subsequently aggregate or even polarize into two opposite camps. Thirdly, it is to how the parties involved aggregate and aligned into opposite camps. Finally, it is to collect the statements and arguments each parties put forth.

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies : 

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies The constituents The factual inquiry: It refers to analyzing the factual statements put forth by parties engaging in a disputing issue. Usually these factual statements fall into one of the following categories Descriptive and definitional statements: They provide factual descriptions of the phenomena relating to the issue under study. Accordingly, they define the status quo of the situation. For examples, the air of HK is highly populated; the ozone layer of the earth has been damaged; global warming exists; Queen Pier is part of Hong Kong’s collective memory; Olympic Games is purely an athletic events; Olympic Games is an international political event, etc. In connection to the analysis of this kind of statements, one may reveal the definitional issue involved in the dispute. For example, one may ask are the parties involved share common definition of the situation or are they simply talking across each other?

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies : 

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies The constituents The factual inquiry: Causal statements: They make claims of causal relationship between phenomena relating to the issue in point. For example, polluted air is hazardous to health; damaged ozone layer is hazardous to health; global warming is hazardous to the environment; genetic modified food is hazardous to health; genetic modified food is hazardous to environment; etc. In connection to the analysis of the causal statements invoked in the dispute, one must not accept the causal statements in the face-value and should further interrogate the validity and reliability of the methodology through which the causal statements are substantiated.

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies : 

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies The constituents The value inquiry: It refers to clarifying and prioritizing the desirable or preferable attributes or standards of worth imputed by engaging parties to the phenomena pertaining to the issue in point. Values can be classified according to many different criteria. The most two common classifications are Distinction between intrinsic and extrinsic (or instrumental) values: “An intrinsic value can be defined as something that is valuable for its own sake” (Ellis, p.12) or important in and of itself. “An extrinsic value is valuable not for its own sake, but because it facilitates getting or accomplishing something that is valuable for its own sake.” (Ellis, p.12) It means the worth or desirability of a thing or person is derived from its instrumentality and efficiency in achieving something more desirable.

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies : 

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies The constituents The value inquiry: Distinction between personal moral and social ethical values （唐君毅，1957/2005） Personal moral values 個人道德價值refers to the desirable and preferable standards a person imputes to his/her personal actions, conducts and ways of life. Social ethical values社會倫理價值 refers to the desirable and preferable standards a group of human beings impute to their inter-personal relationships. With regards of the various domains of inter-personal relationships, social ethical values can further be categorized as familial-ethical values, economic-ethical values, political-ethical values, aesthetical-ethical values, scholarly-ethical values, professional-ethical values, etc.

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies : 

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies The constituents The institutional (or jurisprudential) inquiry: Apart from analyzing the factual and value stances adopted by the engaging parties in controversial issues, in issue inquiry, one must analyze the institutional implications of the actions and strategies waged by the engaging parties. That is to put these social actions in the social-ethical and political-legal context and examine whether their actions and strategies have violated the socially and legally endorsed standards. Furthermore, one may even analyze whether the ends justify the means, which violate legal and/or ethical principles.

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies : 

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies The constituents The comparative-multicultural inquiry: In order to enlarge one’s perception and understanding of the issue under study, one should extent the inquiry beyond the institutional contexts in which one is familiarized with, to avoid culturally ethnocentric version. Accordingly, comparable issues invoked in other spatial and temporal contexts should also be studied.

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies : 

A Teaching Frameworks of Issue Inquiry Approach for Liberal Studies The constituents The decision making: Having given the issue in point factual, value, institutional and multicultural inquiries, one can then try to formulate one’s stance on the disputing issue and make one’s own decision on the issue. The may involve the following steps Identifying plausible alternatives Assessing the anticipated effects Predicting possible unanticipated consequences Prioritizing alternatives Making choice

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Issue Analysis 1. Studying the background of the issue 2. Identifying the disputing parties involved 3. Analyzing the alignment of parties into opposite camps 4. Identifying the statements and arguments from each camps Factual Inquiry 1. Descriptive & definitional statements analysis 2. Causal statements analysis Value Inquiry 1. Identify the values attributed by parties in dispute 2. Analyze the foundations of the values 3. Priority analyze the conflicting values Institutional Inquiry 1. Identify the institutions in which the issue invoked 2. Identify the institutional practice or values being endorsed or violated Comparative Multicultural Inquiry 1. Identify comparable issues in other societies 2. Identify comparable issue in other points in time 3. Analyze the commonalities and differences among cases Making a Decision 1. Identifying Alternatives 2. Assessing anticipated effects of each alternative 3. Predicting unanticipated consequences of each alternatives 4. Prioritizing alternatives 5. Making choice

香港特區政府 訴 吳恭劭 利建潤: 

香港特區政府 訴 吳恭劭 利建潤 事件： 1988年1月1日，吳恭劭（25歲）及利建潤（19歲），參與支聯會舉辦的元旦民主遊行期間﹐公開展示被毀壞的國旗和區旗﹐並在兩面旗上寫上「恥」字。被展示的國旗上的五星被塗污﹐區旗的洋紫荊圖案則畫上了一個大交叉。 警方當時並沒有即時阻止有關行為﹐亦沒有即時拘控涉案人士﹐待一個月後才向二人發出傳票﹐正式予以起訴。 1988年5月，在裁判署審訊後﹐法庭裁定二人違反上述兩條法例罪名成立﹐各被判以四千元保釋﹐守行為一年﹐如果他在守行為期間再干犯任何罪行﹐即需沒有四千元保釋金。

香港特區政府 訴 吳恭劭 利建潤: 

香港特區政府 訴 吳恭劭 利建潤 事件： 1989年3月23日，上訴庭裁定國旗和區旗法限制公眾的言論及發表自由﹐違反《基本法》及國際人權公約﹐法例屬無效﹐因而撤銷兩名在元旦日遊行中損毀國旗區旗的示威者之罪名。 司徒冕指出﹐兩名示威者當日和平請願﹐並無使用暴力﹔塗污國旗和區旗﹐不足以對社會造成嚴重滋擾動亂。英國憲制也把損毀國旗肯定為自由發表權利之一﹐而大部分主要行使普通法的地區﹐也沒有把損毀國旗例作刑事罪行。 律政司高級助理刑事檢控專員布思義聞悉判決後﹐即時以案件涉及重大法律爭拗為由﹐向上訴庭要求上訴終審法院﹐並獲批准。

香港特區政府 訴 吳恭劭 利建潤: 

香港特區政府 訴 吳恭劭 利建潤 事件： 1989年12月15日，終審法院一致裁定塗污國旗區旗屬刑事罪行﹐並強調國旗和區旗象徵‘一國兩制’﹐在確保公眾秩序的前提下﹐有必要有限度地限制言論自由﹐因此恢復示威常客吳恭劭和利建潤的定罪﹐維持自簽二千元守行為一年的判罰。 終審法院首席法官李國能在書面判詞首數段﹐便開宗明義地表明‘國旗代表中華人民共和國﹐代表她的尊嚴﹑統一及領土的完整’﹔區旗是‘一國兩制方針下﹐中華人民共和國不可分離部分的獨有象徵’。 他續說﹕‘制定國旗條例第七條及區旗條例第七條﹐是為保障公共秩序所必要﹐這兩條條文對發表自由的權利施加限制﹐具有充分理據支持﹐亦符合憲法。’

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Desecration of National Flag is a Criminal Offense (Case 1: Texas vs. Johnson) Gregory L. Johnson burnt the American Flag on August 22, 1984, during the Republic Party’s convention in Dallas

Texas vs. Gregory Lee Johnson: 

Texas vs. Gregory Lee Johnson The incidents Gregory L. Johnson set fire on the American flag during the protest against the Republication National Convention. No one was physically injured. He was arrested and charged with the crime of flag burning and found guilty in a Texas court. Johnson appealed his conviction to the Texas of Appeal. Arguing that Johnson’s burning of the flag was his way of expressing his opposition to the Republication Party. His lawyer maintained that flag burning is an act of free speech protected by the First Amendment to the U.S. Constitution.

Texas vs. Gregory Lee Johnson: 

Texas vs. Gregory Lee Johnson The incidents The Texas Court of Appeal agreed that Johnson’s act of flag burning as a form of expression was protected by the 1st Amendment and therefore reversed Johnson’s conviction. The State of Texas took the case to the U.S. Supreme Court. In June 21 1989, the US Supreme Court ruled that the act of flag burning is protected by the 1st Amendment of the US Constitution and criminalizing flag burning is unconstitutional by a 5-4 vote.

Texas vs. Gregory Lee Johnson: 

Texas vs. Gregory Lee Johnson The incidents Right after the Supreme Court’s rule, the US Congress passed the Flag Protection Act in 1989 criminalizing any act of desecration of the US flags including burning. Shortly after the pass of the Flag Protection Act, another group of protesters set fire to several US flags on the step of the US Capitol Building and creating the case of U.S. vs. Eichman. The US Supreme Court upheld its previous ruling by stipulating that flag burning is constitutionally protected.

Texas vs. Gregory Lee Johnson: 

Texas vs. Gregory Lee Johnson The incidents Since then the US Congress has tried to amend the constitution eight times but all of them have been in vain.

Definition of the Issue: 

Definition of the Issue National-flag burning is a symbolic expression of protest and discontent about political and/or social incidents. It is an enactment of the freedom of expression/speech, which is protected by the Universal Declaration of Human Rights, the Basic Law of HKSAR, and the First Amendment of the U.S. Constitution National flag is the venerated symbol of a nation and should be respected and protected. Any act of desecration of the national flag may disturb public orders, trigger public anger and disturbance.

Curriculum-Content Analysis: 

Curriculum-Content Analysis The flag burning issues can be related to the following curriculum content areas of Liberal Studies Post-traditional society theory: National flag as part of the national tradition, which has to be undergone interrogation and to justify itself in its own right in post-traditional society Individual identity: In connection to freedom of speech, individual is identified as freedom human endowed with human right of free speech and expression even the expression is socially objectionable . In connection to protection of nation flag and dignity, individual is identified as national citizen or even patriot. In connection to public order

Curriculum-Form Analysis: 

Curriculum-Form Analysis Definitional inquiry What is freedom of speech? What is desecration of national flag? Factual inquiry Is national-flag burning enactment of freedom of expression? Is national-flag burning act of desecrating nationally venerated symbol and national pride and dignity and itself? Will national-flag burning cause public disturbances and violations of public orders?

Curriculum-Form Analysis: 

Curriculum-Form Analysis Value inquiry Value of freedom of speech? Value of national flag, symbols, pride and dignity Value of public orders Value conflict between freedom of expression and national flag Value conflict between freedom of expression and igniting public angers and disturbances. Institutional inquiry Is freedom of expression protected by the HKSAR Basic Law? Is nation and SAR and national flags protected the Basic Law? Does Flag desecration violate Criminal Laws and is it protected by HKSAR Basic Law?

Curriculum-Form Analysis: 

Curriculum-Form Analysis Comparative-multicultural inquiry Australia Canada Denmark The UK The US

Decision-making: 

Decision-making Identifying alternatives: Criminalizing acts of Hurting or even assassinating public officials Damaging public property Burning publicly displayed national flag in public Burning privately owned national flag in public Burning privately owned national flag of other countries in public Burning privately owned national flag in private Burning a copy of the Constitution, e.g. the Basic Law Burning the puppets indicating public officials Refusing to salute the national flag Refusing to stand up as the nation emblem are played

Decision-making: 

Decision-making Predicting consequences Causing international criticism of violating human right of freedom of expression Causing chaos to the newly established “One-Country-Two-System” Igniting public angers and disturbances (Burning other national flags of other countries) Causing international disputes and diplomatic turmoil

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Freedom of Expression Nationally Venerated Symbols Right to Dissent Maintain Public Order Freedom of Expression

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Lecture 8 Understanding the Curriculum Form of Liberal Studies I: Conception of Issue Inquiry Approach End