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What do we know about preparing students for value conflicts in the workplace? “No social role encourages such ambitious moral aspirations as the lawyer’s, and no social role so consistently disappoints the aspirations it encourages” William Simon (1998) Workplaces “If we are to achieve an approach to legal education which prepares students as well as possible for the ethical demands of practice we must consider the nature of the challenges that will face them.” Nigel Duncan (2011) Three Models of Ethics and Efficacy 1. Richard Moorhead et al (2012) 2. Mary Gentile (2012) 3. Rest & Narvaez (1991) Moorhead, Hinchly, Parker, Kershaw, Holm (2012) Interaction between Character - refers to the values and attitudes held by individuals. Capacity - refers to the ability to reason ethically. Context - refers to the ethicality of the environment within which people work (and live). Mary Gentile (2012) Post decision making Effectiveness – a curriculum for effectively giving voice to values which involves: 1. Pre-scripting – how would you try to persuade, overcome objections 2. Practice – role play in a safe learning environment 3. Coaching – peer support and development (what worked? How could it have been better?) Example in Legal Education Preparing students for the reality of practice through practice management: Empowering values and relishing uncertainty Anneka Ferguson and Stephen Tang, Australian National University 48th Annual Conference of the Association of Law Teachers, 24th – 26th March 2013 Rest & Narvaez (1991) • Moral Sensitivity – awareness of the moral dimensions of the situation; • Moral Judgement – ethical reasoning, familiar to us from Kohlberg’s work on the subject; • Moral Motivation – wanting to act morally - which may involve putting concerns about ethical rectitude above e.g. money, or professional success, or the approval of superiors; • Moral Character – the ability to see it through. Where does one teach ethics? “The activity in which knowledge is developed and deployed, it is now argued, is not separable from or ancillary to learning and cognition. Nor is it neutral. Rather, it is an integral part of what is learned. Situations might be said to co-produce knowledge through activity. Learning and cognition, it is now possible to argue, are fundamentally situated. “ Brown, Collins and Duguid, Situated Cognition and the Culture of Learning 1989 In and Out of the Curriculum • SOMUL – reported Brennan et al (2010) Improving What is Learned at University: An exploration of the social and organisational diversity of university education • Pascarella and Terenzini (2005) How College Affects Students: A Third Decade of Research: 2 • LETR – Legal Education and Training Review • Is Acting Ethically A Skill? • Graham Ferris, 48th Annual Conference of the Association of Law Teachers, 24th – 26th March 2013 And our workplace? Higher Education Authority The possibility of introducing a “Code of Practice” Survey will be open from the 21st March to the 18th April 2013 and the analysis will be completed by the 15th May 2013.