The Concept of Law is one of the most influential texts in English-language jurisprudence. 50 years after its first publication its relevance has not diminished and in this third edition, Leslie Green adds an introduction that places the book in a contemporary context, highlighting key questions about Hart's arguments and outlining the main debates it has prompted in the field. The complete text of the second edition is replicated here, including Hart's Postscript, with fully updated notes to include modern references (...) and further reading. (shrink)

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...) Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

The HCTA test is a recent addition to the commercially available array of critical-thinking assessment tests in higher education. After an introductory description of the test, I critically review it and conclude that, despite the fact that the HCTA is certainly well-intentioned, it has serious flaws with respect to its affordability, accessibility, and validity.

The Watson-Glaser Critical Thinking Appraisal Test is one of the oldest, most frequently used, multiple-choice critical-thinking tests on the market in business, government, and legal settings for purposes of hiring and promotion. I demonstrate, however, that the test has serious construct-validity issues, stemming primarily from its ambiguous, unclear, misleading, and sometimes mysterious instructions, which have remained unaltered for decades. Erroneously scored items further diminish the test’s validity. As a result, having enhanced knowledge of formal and informal logic could well result (...) in test subjects receiving lower scores on the test. That’s not how things should work for a CT assessment test. (shrink)

The Collegiate Learning Assessment Test has become popular and highly recommended, praised for its reliability and validity. I argue that while the CLA may be a commendable test for measuring critical-thinking, problem-solving, and logical-reasoning skills, those who are scoring students’ answers to the test’s questions are rendering the CLA invalid.

A non-technical guide to some of the popular methods and tests for assessing how well students are acquiring critical thinking skills in their courses, programs, or college careers.

278 non-freshman university students taking a l2-week critical thinking course in a large single-section class, with computer-assisted guided practice as a replacement for small-group discussion, and all testing in machine-scored multiple-choice format, improved their critical thinking skills, as measured by the California Critical Thinking Skills Test, by half a standard deviation, a moderate improvement. The improvement was more than that reported with a traditional format without computer-assisted instruction, but less than that reported with a format using both computer-assisted instruction and (...) essay-type assignments. Further studies are needed to test hypotheses suggested by these results. (shrink)

The Spellings Commission recommends widespread critical-thinking testing to help determine the “value added” by higher education institutions—with the data banked and made available (“transparent”) in order to enable parents, students, and policy makers to compare institutions and hold them accountable. Because of the likely and desirable promotion of critical thinking that would result from the Commission’s program, I recommend cooperation by critical-thinking faculty and administrators, but only if there is much less comparability and considerably deeper transparency of the tests and (...) their justification than the Commission recommends, and only if vigilance in handling the many problems and dangers elaborated herein is successful. (shrink)

A popular three-stage argument appraisal strategy calls for (1) identifying the parts of the argument, (2) classifYing the argument as deductive, inductive, or some other type, and (3) appraising the argument using the standards appropriate for the type. This strategy fails for a number of reasons. I propose a comprehensive alternative approach that distinguishes between inductive, deductive, and other standards; calls for the successive application of standards combined with assumption-ascription, according to policies that depend for their selection on the goals (...) of the appraiser; and provides for qualified reasoning. (shrink)

Defining qualified reasoning as reasoning containing such loose qualifying words as 'probably,' 'usually,' 'probable, 'likely,' 'ceteris paribus,' and 'primafacie, Ennis argues that typical cases of qualified reasoning, though they might be good arguments, are deductively invalid, implying that such arguments fail soundness standards. He considers and rejects several possible alternative ways of viewing such cases, ending with a proposal for applying qualified soundness standards, which requires employment of sufficient background knowledge, sensitivity, experience and understanding of the situation. All of this (...) takes place as part of the process, introduced elsewhere, of successively applying different legitimate sets of standards until one is found that is satisfied, or none is found, the latter calling for rejection of the argument, the former calling for its acceptance. (shrink)

This is Part I of a two-part reflection by Robert Ennis on his involvement in the critical thinking movement. Part I deals with how he got started in the movement and with the development of his influential definition of critical thinking and his conception of what critical thinking involves. Part II of the reflection will appear in the next issue of INQUIRY, Vol. 26, No. 2 (Summer 2011), and it will cover topics concerned with assessing critical thinking, teaching critical thinking, (...) and what the future may hold. (shrink)

This is the second part of a two-part reflection by Robert Ennis on his involvement in, and the progress of, the critical thinking movement. It provides a summary of Part I (Ennis 2011), including his definition/conception of critical thinking, the definition being “reasonable reflective thinking focused on deciding what to believe or do.” It then examines the assessment and the teaching of critical thinking (including incorporation in a curriculum), and makes suggestions regarding the future of critical thinking. He urges that (...) now is the time to make a major effort in promoting critical thinking. Later may be too late. He also suggests a number of things to do. An Appendix, which provides a detailed elaboration of the nature of critical thinking, is at the end of Part I, but summaries are provided here. (shrink)

This is Part I of a two-part reflection by Robert Ennis on his involvement in the critical thinking movement. Part I deals with how he got started in the movement and with the development of his influential definition of critical thinking and his conception of what critical thinking involves. Part II of the reflection will appear in the next issue of INQUIRY, Vol. 26, No. 2 (Summer 2011), and it will cover topics concerned with assessing critical thinking, teaching critical thinking, (...) and what the future may hold. (shrink)

Discussions of critical thinking across the curriculum typically make and explain points and distinctions that bear on one or a few standard issues. In this article Robert Ennis takes a different approach, starting with a fairly comprehensive concrete proposal for a four-year higher-education curriculum incorporating critical-thinking at hypothetical Wisdom University. Aspects of the Program include a one-year critical thinking freshman course with practical everyday-life and academic critical thinking goals; extensive infusion of critical thinking in other courses; a senior project; attention (...) to both critical thinking dispositions and skills; a glossary of critical thinking terms; emphasis on teaching ; communication at all levels; and last, but definitely not least, assessment. Advantages and disadvantages will be noted. Subsequently, Ennis takes and defends a position on each of several relevant controversial issues, including: 1) having a separate critical thinking course, or embedding critical thinking in existing subject matter courses, or doing both ; 2) the meaning of “critical thinking”; 3) the importance of teaching critical thinking because of its role in our everyday vocational, civic, and personal lives, as well as in our academic experiences; 4) the degree of subject-specificity of critical thinking; 5) the importance of making critical thinking principles explicit; and 6) the possible threat to subject matter coverage from the addition of critical thinking to the curriculum. (shrink)

This is the second part of a two-part reflection by Robert Ennis on his involvement in, and the progress of, the critical thinking movement. It provides a summary of Part I (Ennis 2011), including his definition/conception of critical thinking, the definition being “reasonable reflective thinking focused on deciding what to believe or do.” It then examines the assessment and the teaching of critical thinking (including incorporation in a curriculum), and makes suggestions regarding the future of critical thinking. He urges that (...) now is the time to make a major effort in promoting critical thinking. Later may be too late. He also suggests a number of things to do. An Appendix, which provides a detailed elaboration of the nature of critical thinking, is at the end of Part I, but summaries are provided here. (shrink)

Unlike most texts in critical thinking, _Reason in the Balance_ focuses broadly on the practice of critical inquiry, the process of carefully examining an issue in order to come to a reasoned judgment. Although analysis and critique of individual arguments have an important role to play, this text goes beyond that dimension to emphasize the various aspects that go into the practice of inquiry, including identifying issues and relevant contexts, understanding competing cases, and making a comparative judgment._ Distinctive Features of (...) the Text:_ Emphasis on applying critical thinking to complex issues with competing arguments Inclusion of chapters on inquiry in specific contexts Attention to the dialogical aspects of inquiry, including sample dialogues Emphasis on the spirit of inquiry _The Second Edition Features:_ Updated examples and items of current interest New dialogues on vaccination, prostitution, and climate change New material on biases in reasoning, including emotional, psychological, social, and cognitive _The _Reason in the Balance_ Website includes:_ An Appendix on Logic Exercises Quizzes. (shrink)

Beginning with a discussion of the Informal Logic Movement and the renewed interest in critical thinking in education, this book critically assesses the work of Robert Ennis, Richard Paul and John McPeck.

This book examines two questions: Do people make use of abstract rules such as logical and statistical rules when making inferences in everyday life? Can such abstract rules be changed by training? Contrary to the spirit of reductionist theories from behaviorism to connectionism, there is ample evidence that people do make use of abstract rules of inference -- including rules of logic, statistics, causal deduction, and cost-benefit analysis. Such rules, moreover, are easily alterable by instruction as it occurs in classrooms (...) and in brief laboratory training sessions. The fact that purely formal training can alter them and that those taught in one content domain can "escape" to a quite different domain for which they are also highly applicable shows that the rules are highly abstract. The major implication for cognitive science is that people are capable of operating with abstract rules even for concrete, mundane tasks; therefore, any realistic model of human inferential capacity must reflect this fact. The major implication for education is that people can be far more broadly influenced by training than is generally supposed. At high levels of formality and abstraction, relatively brief training can alter the nature of problem-solving for an infinite number of content domains. (shrink)

"Derek Bok's "Our Underachieving Colleges" is readable, balanced, often wry, and wise. This book should be required reading for every curriculum committee and academic dean.

Discussions of critical thinking across the curriculum typically make and explain points and distinctions that bear on one or a few standard issues. In this article Robert Ennis takes a different approach, starting with a fairly comprehensive concrete proposal for a four-year higher-education curriculum incorporating critical-thinking at hypothetical Wisdom University. Aspects of the Program include a one-year critical thinking freshman course with practical everyday-life and academic critical thinking goals; extensive infusion of critical thinking in other courses; a senior project; attention (...) to both critical thinking dispositions and skills; a glossary of critical thinking terms; emphasis on teaching ; communication at all levels; and last, but definitely not least, assessment. Advantages and disadvantages will be noted. Subsequently, Ennis takes and defends a position on each of several relevant controversial issues, including: 1) having a separate critical thinking course, or embedding critical thinking in existing subject matter courses, or doing both ; 2) the meaning of “critical thinking”; 3) the importance of teaching critical thinking because of its role in our everyday vocational, civic, and personal lives, as well as in our academic experiences; 4) the degree of subject-specificity of critical thinking; 5) the importance of making critical thinking principles explicit; and 6) the possible threat to subject matter coverage from the addition of critical thinking to the curriculum. (shrink)

Critical thinking is considered an essential educational goal. As a result, many philosophers dreamed their departments would offer multiple sections of CT, hence justifying hiring additional staff. Unfortunately, this dream did not materialize. So, similar to a current theory about teaching writing, “critical thinking across the curriculum” has become a popular idea. While the idea has appeal and unquestionable merit, I will argue that the likelihood the skills necessary for effective CT will actually be taught is minimal.

Defining qualified reasoning as reasoning containing such loose qualifying words as 'probably,' 'usually,' 'probable, 'likely,' 'ceteris paribus,' and 'primafacie, Ennis argues that typical cases of qualified reasoning, though they might be good arguments, are deductively invalid, implying that such arguments fail soundness standards. He considers and rejects several possible alternative ways of viewing such cases, ending with a proposal for applying qualified soundness standards, which requires employment of sufficient background knowledge, sensitivity, experience and understanding of the situation. All of this (...) takes place as part of the process, introduced elsewhere, of successively applying different legitimate sets of standards until one is found that is satisfied, or none is found, the latter calling for rejection of the argument, the former calling for its acceptance. (shrink)

This is the full version of the Delphi Report on critical thinking and critical thinking instruction at the post-secondary level.