Disintermediation: the art of good business and the art of learning justice.

Professor Paul Mahargpaulmaharg.com/slides

preview1. The rhetoric of reading2. Disintermediation3. Learning and time4. Learning and aesthetics5. An online PBL JD curriculum6. Learning communities and learning justice

1. The rhetoric of reading

What is everywhere passes unnoticed. Nothing is more commonplace than the experience of reading, and nothing is less well known. Reading is taken for granted to such an extent that at first glance it seems nothing need be said about it.(Todorov, 1978, p. 39).

strategies for reading …• Read forward – no recursive reading• Listen to your expectations for word clusters• Be aware of context’s effect on meaning• Cope with loss of power & agency while you’re reading• Form good habits and discipline

Panmure Lute MSS (c.1632), 5, no.3.

Music for Lute Consort, c.1500

Strategies for reading music…• Read forward – no recursive reading• Listen to your harmonic expectations• Be aware of context• Cope with playing and expression while reading• Form good habits and discipline

strategies for reading lawRead forward – no recursive readingListen to your expectationsBe aware of context’s effect on meaningCope with loss of power & agency while readingForm good habits and discipline

- Surface code of words- Textbase of text – internal meaning of the text- Situation model – interpreting the text’s situation -Text genre -Intertexts -Epistemic belief

-- Simplicity vs complexity of knowledge-- Certainty vs uncertainty of knowledge-- Source(s) of knowledge in and around the texts-- Justification for knowing what we know

the transitive powerof music notation…

Panmure Lute MS (c.1632), 5, no.3.

Music for Lute Consort, c.1500

Narrative event diagram, Personal Injury Transaction: Pursuer

… could be used as simulation notation

Narrative event diagram: Personal Injury Transaction: Pursuer and Defender (Gould et al 2009)

2. Disintermediation – the art of good business, the art of knowledge.

Eddie Temple:‘Must dash off. Get home. Wash and brush up. Opera tonight. The Damnation of Faust. Man sells his soul to the devil. All ends in tears. These arrangements usually do. One more thing, young man. Always remember, the art of good business is being a good middleman. Bye-bye.’

Layer Cake (2004)

intermediation• Intermediate entity acts as a middle agent between

industry agents such as buyer & seller.• Eg buyer- or seller- locator, advertiser, manufacturer

in a chain process.

disintermediation• Established middle agent is eliminated from market

position, often because role is subsumed or taken over by the operation of digital technologies, which operate at much lower costs.

reintermediation• But e-markets have their own emergent

intermediaries – aggregation, trusted providers, authentication agents, filtering agents, value-adding agents, online shopping agents.

• Dis/- and re/- are actually constant processes in the digital domain

general examples…?• Clerking industries, eg Travel Agencies, re travel & hotel bookings; bank clerks• Music (Napster, iTunes, Spotify, Tidal, Beats) & book retail (Amazon)• Photography (Kodak…)• Bank financing (Hester 1969; Anderson & Makhija 1999)

Keeping with the theme of Schumpeterian creative destruction, the financial sector is one seen by banking sector analysts and commentators as being particularly ripe for disruptive innovation, given its current profits and lax competition. Technology-driven disintermediation of many financial services is on the cards, for example, in financial advice, lending, investing, trading, virtual currencies and risk management. (Zilgalvis 2015, http://bit.ly/1aJmVcW)

• Disintermediated banking (‘removal of banks as financial intermediaries’, Schwarcz 2012) is termed ‘shadow’ banking (eg finance companies, hedge funds, real estate investment trusts, securities lenders, investment banks)

• Disintermediation is ‘one of the main sources of financial stability concerns’ (Bakk-Simon 2012)

how should we (re-)frame it?• Mediation enables communication and representation of meaning,

involving artefacts, processes and culture:The arrival of new information and communication technologies led to a belief that we witnessed a decrease of the importance of mediation and the arrival of abundance. Yet, instead of the widely predicted process of disintermediation that was supposed to accompany emerging technologies, we are currently forced to confront a process of reintermediation, marked by new actors and methods of disseminating information and framing reality. […] We are only on the verge of understanding what the social implications of the new mediating forces might be […]

(Verhulst 2005)

• Disintermediation is a process or symptom within much deeper cultural change.

manuscript writing: the early context, pre-12th century

1. Materials– Wax tablets– Tally sticks– Paper– Parchment or vellum

2. Forms of writing– Different hands, thickness of line,

height of letters– Early medieval scripts included scriptio continua –

theexperiencewasratherlikereadingthisnottoodifficultthougheasierifyoutryreadingunderyourbreathalsocalledsubvocalisationwhichiswhatalotofscribestendedtodowhenreadingandwritingandofcoursenomodernpunctuation

3. Punctuation– Marks were used at different heights in lines, eg ‘diple’ or arrowhead (for quoting

scripture), hedera or ivy leaf for start of quotations, and 7-shaped mark (end of section)

Cod

ex S

inai

ticus

,ht

tp://

tinyu

rl.co

m/6

mm

w95

workinggloss...

1. Primary texturain the central two columns

2. Glossa or commentary surrounded them,sometimes signed with glossator’s initials

Corpus iuris civilis, c.1285-99, Berkeley, University of California, Berkeley, Bancroft Library UCB 130:f1200:10, http://tinyurl.com/6y5bva

workinggloss...

1. Primary texturain the central two columns

2. Glossa or commentary surrounded them, sometimessigned with glossator’s initials

3. Compare with book & digital finding tools

Corpus iuris civilis, c.1285-99, Berkeley, University of California, Berkeley, Bancroft Library UCB 130:f1200:10, http://tinyurl.com/6y5bva

the 13th centuryscholarly text• Writers used alphabetisation,

arabic numerals, chapter divisions,rubrics, capitals, paraph marks,running titles

• Used compilatio – compilation ofextracts of works of authorityor auctoritas, chosen byhierarchies of compilators

‘The late medieval book differs more from its early medieval predecessors than it does from the printed books of our own day. The scholarly apparatus which we take for granted – analyticaltable of contents, text disposed into books, chapters, and paragraphs, and accompanied by footnotes and index -- originated in the applications of the notions of ordinatio and compilatio by writers, scribes, and the rubricators of the thirteenth, fourteenth, and fifteenth centuries.’ (Parkes 1976, 66)

Ber

kele

y, U

nive

rsity

of C

alifo

rnia

, B

erke

ley,

Rob

bins

Col

lect

ion

Rob

bins

MS

032

, http

://tin

yurl.

com

/5tjv

gs

gloss structure and effect• Glossators corrected textura,

commented on sources, added othersources, and discussed hypotheticals

• Glosses were in constant flux, a betterone replacing a poorer one in the compilation

• The effect is one of respectful criticism, a dialogue on the page that’s full of information, very mobile, flexible,highly practical, very memorable.

Eysenbach (2008)

glossators as apomediatorsApomediation – •Essentially the replacement of traditional intermediaries by apomediaries, tools and peers standing by to guide consumers to trustworthy information, or add credibility to information.•Helps users navigate informational overload•Uses collaboration to scale, collaborative filtering, recommender system, allows bookmarking and scholarly folksonomies•Sophistication of reader means that intermediaries may be preferred at first; but as expertise grows, apomediation is needed.•With pre-print publication, journals themselves could be disintermediated, though publishers contesting this strongly.

digital scholarship & mediation• Castells on signs and lived culture, ie real virtuality… • BUT see Don Slater’s critique (2002) of Castell’s

dichotomisation of ‘the Net’ and ‘the Self’ • form/signs influence nature of content/reality – they

are a reality – see Latour & actor-network theory: digital networks have rendered the real world more visible, as complex social networks combining humans & machines.

and of course Open Access

Learning and time

‘”Time”, he said, ‘is what keeps everything from happening at once””Ray Cummings, The Girl in the Golden Atom (1922)

1. chronology of the curriculum

• students needed time to:– explore – don’t read

recursively– listen to their expectations,

and to ours– become adept in context– develop good habits

2. designing for time

3. space and time:bounded field &

open field transactions

bounded field open field

‘Aesthetics matter: interface design shapes learning’Edinburgh University School of Education,https://onlineteachingmanifesto.wordpress.com/

webcast v.1

Maharg (2007), chapter 9.

webcast v.3

Richard E. Mayer’s multimedia principles:1. Coherence2. Signalling3. Redundancy4. Spatial contiguity5. Temporal contiguity

Edinburgh University online teaching manifesto

https://onlineteachingmanifesto.wordpress.com/

An online PBL JD curriculum

‘the key to expert problem-solving lies in how knowledge is organized, not the quantitative knowledge acquired’ (Lung 2008)

PBL design

approaches to PBL online• Design approach similar to aspects of the

Edinburgh Manifesto• PBL – key issue is the relation between distance vs intimate

learning• In conceptualising online learning, dichotomy of f2f campus vs

online platform is the norm.• But campus-based learning could be seen as a platform. And

online platform as form of campus.

breadth of learning: what we focus onWe have:• Ensured we have breadth of learning as prescribed by

regulatory and other codes (Priestley, AQF, CALD, etc)• Designed the new context of the subject clusters in order to

improve learning and assessment across the entire program• Used PBL as a heuristic to link courses, eg private and public

law courses; pervasive ethics; linkages of substantive legal rules with sociolegal research and policy issues arising from the problem ‘trigger’ and student outcomes in first PBL sessions and review sessions

depth of learning: what we focus on• deep learning through active learning. Students committed to

being engaged from day 1 – PBL obliges them to do this.• Experiential process, including awareness of learning &

knowledge, colleagues’ learning, spiral learning, self-management, ethics.

• We hope this will focus students on dealing with sophistication and complexity and updating knowledge, as well as learning legal principles, leading cases, statutory knowledge, problem handling, etc.

more depth vs more breadth, or both?On knowledge acquisition, Schmidt et al (2009) noted what many others observed: that PBL students better integrate their knowledge, which resulted in more accurate reasoning; that in the clinical case recall (a measure of expertise) and processing speed (a sign of better understanding) they were superior to the conventionally-educated cohorts (227). In skills acquisition, PBL students demonstrated much better interpersonal skills, and knowledge about skills (a variable closely related to skilled performance – 236). Student and expert perceptions of the quality of PBL education were higher than the results for the conventionally-educated cohorts, with students commenting positively in particular on their practices in independent study and critical thinking. In passing, Schmidt et al also noted that PBL schools graduate students faster and in larger numbers and retain students better (237). (Maharg 2015, 12-13)

Learning justice and learning communities

• small groups• active, critical learning• rhythmical, habitual• law as problems

how might we learn?

what might we learn?

the arts speakof justice education

Begin with goodNerve and decision. Do not intrude too muchInto the message you carry and put out.One last thing, Karl, remember when you enterThe joy of those quick high archipelagoes,To make to keep your finger-stops as lightAs feathers but definite. What can I say more?Do not be sentimental or in your Art.I will miss you. Do not expect applause.

‘Johann Joachim Quantz’s Five Lessons’, The Last Lesson (extract).W.S. Graham 1918-86

References

Anderson, C.W., Makhija, A.K. (1999). Deregulation, disintermediation, and agency costs of debt: evidence from Japan. Journal of Financial Economics, 51, 309-339.Bakk-Simon, K. (2012). Shadow Banking in the Euro Area. European Central Bank Occasional Paper, No 133. Bardoel, J., Deuze, M. (2001). Network journalism: Converging competences of media professionals and professionalism. Australian Journalism Review, 23, 2, 91-103.

Available at: http://bit.ly/1O9g5vkEysenbach G. (2008). Medicine 2.0: Social Networking, Collaboration, Participation, Apomediation, and Openness. Journal of Medical Internet Research, 10, 3, e22 URL:

http://www.jmir.org/2008/3/e22/ doi:10.2196/jmir.1030Gould, H., Hughes, M., Maharg, P., Nicol, E. (2009) The narrative event diagram (NED): a tool for designing professional simulations, in Gibson, D. (ed) Digital Simulations for

Improving Education: Learning Through Artificial Teaching Environments, IGI Global Books, Hershey, PA.Hester, D.D. (1969). Financial disintermediation and policy. Journal of Money, Credit and Banking, 1, 3, 600-17.Lung, S. (2008). The problem method: no simple solution. Willamette Law Review, 45, 723Maharg, P. (2007). Transforming Legal Education: Learning and Teaching the Law in the Early Twenty-first Century. Ashgate Publishing, Aldershot. Maharg, P. (2015). ‘Democracy begins in conversation’: The phenomenology of problem-based learning and legal education. Nottingham Law Journal, 24, 1.Parkes, M.B. (1976), The Influence of the Concepts of Ordinatio and Compilatio on the Development of the Book, in Medieval Learning and Literature: Essays Presented to

R.W. Hunt, edited by J.J.G. Alexander and M.T. Gibson, Oxford University PressSchwarcz, S.L. (2012). Shadow banking, financial markets, and the real estate sctor. World Economic Forum’s Industry Partnership Strategists Meeting 2012. Available at:

http://bit.ly/1Cwrrkn .Slater, D. (2002). Social relationships and identity online and offline. In L. Lievrouw and S. Livingstone, eds, The Handbook of New Media, Sage, London, 533-46. Savin-Baden, M. (2007). A Practical Guide to Problem-Based Learning Online. Routledge, London.Schmidt, H.G., Rotgans J.I., and Yew E.H. (2011). The process of problem-based learning: what works and why. Medical Education, 45, 792.Schmidt HG et al. (2009). Constructivist, problem-based learning does work: a meta-analysis of curricular comparisons involving a single medical school. Educational

Psychologist 45, 227.Webb, J., Ching, J., Maharg, P., Sherr, A. (2013). Setting Standards. The Future of Legal Services Education and Training Regulation in England and Wales. SRA, BSB, IPS.

references

Email: paul.maharg@anu.edu.auWeb: paulmaharg.comSlides: paulmaharg.com/slides