Conceptions of Thinking Legally: an interpretative approach

Abstract

The central question explored in this research study was what are conceptions of thinking legally? A review was undertaken of the predominant humanistic, rationalistic and dualistic approaches to educational research. These approaches have been criticised as being too limited in their epistemological and ontological presuppositions, assumptions and foundations. Their 'worldviews' which are based on cognitive dualisms, do not provide either comprehensive or sufficient frameworks for integrated perspectives. Thinking legally has been placed within a holistic context of 'knowledge as being' rather than the dualistic perspective of 'knowledge as cognition'. The main focus of this study was to overcome the limitations of previous work that has been undertaken in this field of academic research. Rationalistic approaches to strategies such as legal reasoning, legal problem-solving and legal thinking were evaluated in terms of their dualistic and humanistic epistemologies and ontologies. Consequently, an alternate approach was elaborated.