EDD 5229

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EDD 5229 Liberal Studies in Knowledge Society
Lecture 8 Understanding the Curriculum Form
of Liberal Studies Conception of Issue Inquiry
Approach
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The Official Version of Issue Enquiry
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The Official Version of Issue Enquiry
Processes Relationship with development of multiple perspectives
( I )Mastering the facts, understanding the phenomena, clarifying the concepts ? Different sources of information ? Different ways of data collection ? Different interpretations and explanations ? Different associations ?
( II )Understanding the differences and conflicts involved ? Different values ? Different interests ? Different convictions ?
( III )Reflection, evaluation, judgment, solution, action ? Considering all sides of the argument ? Weighing the pros and cons ? Putting forward reasons and justifications ? Accepting consequences ? Revising judgement ?
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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.

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What is At Issue? Understanding the Nature of
Issue Inquiry

• The conception of Issue Inquiry
• It is helpful to make the distinction between the
  terms issue, question and problem in the
  teaching of Liberal Studies. For a question, one
  may search for an answer, while for a problem,
  one may simply demand a solution but as for an
  issue, especially a controversial issue as
  Bernard Crick specified or even a reasonable
  disagreement as John Rawls stipulated (1993),
  what one would strive for will be a decision, a
  reasoned and reasonable decision.

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What is At Issue? Understanding the Nature of
Issue Inquiry

• The conception of Issue Inquiry
• To inquiry into an issue means to identify the
  points or matters at issue, the parties
  engaging in the controversial issue, the factual
  evidences each parties put fort in support of
  their stances, the values stipulated by the
  parties concerned to lender normative supports to
  their stances, the legal and/or institutional
  grounds underlying the controversy at point, the
  multi-cultural and comparative relevance
  involved, and finally to make a reasoned and
  reasonable decision on the issue under inquiry.

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Issue Inquiry Approach in the UK and US

• Teaching controversial issues in the UK
• Teaching Controversial Issues as a approach to
  political education was initated in the 1970s in
  the UK by Bernard Crick and the working party of
  the Hansard Society (Crick, 1978 see also
  Stradling et al., 1984)

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Issue Inquiry Approach in the UK and US

• Teaching controversial issues in the UK
• The approach has gained its retrieval in Section
  10 of Guidance on the Teaching of Controversial
  Issues in Education for Citizenship and the
  Teaching of Democracy in Schools The Final
  Report of the Advisory Group on Citizenship (The
  Advisory Group on Citizenship, 1998)

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Issue Inquiry Approach in the UK and US

• Teaching controversial issues in the UK
• A controversial issue is an issue about which
  there is no one fixed or universally held point
  of view. Such issues are those which commonly
  divide society and for which significant groups
  offer conflicting explanation and solution. There
  may, for example, be conflicting views on such
  matters as how a problem has arisen and who is to
  blame over how the problem may be resolved over
  what principles should guide the decisions that
  can be taken, and so on. (The Advisory Group on
  Citizenship, 1998, P. 56)

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Issue Inquiry Approach in the UK and US

• The Issue-Centered Decision Making Curriculum in
  Social Studies in the US
• Issue inquiry approach has a long tradition in
  the teaching of Social Studies in the US, for
  example
• Oliver and Shavers jurisprudential approach
  (1966)
• James Banks decision-making model (1973/1985)
• Engle and Ochoas citizens decision-making
  approach (1988)
• Multicultural education (Banks, 2002, 2007)

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Issue Inquiry Approach in the UK and US

• The Issue-Centered Decision Making Curriculum in
  Social Studies in the US
• Most recently, Ochoa-Becker specifies the
  Issue-Centered Decision Making Curriculum as the
  curriculum for education for democratic
  citizenship in the US. She underlines that The
  overarching purpose of this Issue-Centered
  Decision Making Curriculum is to improve the
  quality of decision making by democracys
  citizens as they respond to issues that require
  resolution. The decision making process advanced
  here is applicable to virtually every domain of
  our lives. (Ochoa-Becker, 2007, p. 124)

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Decision-Problem What action should we take
regarding race relations in our city?
Social Inquiry Key Concepts Conflict Culture Discr
imination 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
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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 backgrounds 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.

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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 Kongs
  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?

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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.

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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.

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A Teaching Frameworks of Issue Inquiry Approach
for Liberal Studies

• The constituents
• The value inquiry
• Distinction between personal moral and social
  ethical values (???,1957/2005)
• Personal moral values ??????refers to the
  desirable and preferable standards a person
  imputes to his/her personal actions, conducts and
  ways of life.
• Social ethical values?????? 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.

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Intrinsic Values Extrinsic Values
Personal-Moral Values
Social-Ethical Values - familial values - economic value - political values - aesthetic values - scholarly values - professional values
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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.

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A Teaching Frameworks of Issue Inquiry Approach
for Liberal Studies

• The constituents
• The comparative-multicultural inquiry In order
  to enlarge ones 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.

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A Teaching Frameworks of Issue Inquiry Approach
for Liberal Studies

• The constituents
• Formulations of judgments
• Judgment refers to the mental or intellectual
  process of forming an opinion or evaluation by
  discerning and comparing. (Connolly et al.,
  2000, p. 1)

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A Teaching Frameworks of Issue Inquiry Approach
for Liberal Studies

• The constituents
• Formulations of judgments
• According to the issue-inquiry approach
  explicated about, judgments can be classified
  into four kinds.
• Comparison among factual judgments of empirical
  causes or contributing factors.
• Comparison among Value judgments of intrinsic,
  extrinsic, personal and/or social values and set
  up one value priority list.
• Comparison among institutional judgments of
  legal, political, economical and/or cultural
  imperatives within a society
• Comparison among institutional judgments of
  legal, political, economical and/or cultural
  imperatives among societies

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A Teaching Frameworks of Issue Inquiry Approach
for Liberal Studies

• The constituents
• The decision making Having formulated ones
  matrix of judgments on factual, value,
  institutional and comparative bases, one can then
  try to formulate ones stance on the disputing
  issue and make ones own decision on the issue.
  One may formulate ones decision into a priori
  decomposition of a decision tree, which usually
  consists of (Connolly, et al. 2000, p. 4)
• What are my possible courses of action?
  (Alternatives)
• What are the events that might follow form those
  actions? (Outcomes)
• What is the likelihood of each event?
• What is the value of each event to me?

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A Teaching Frameworks of Issue Inquiry Approach
for Liberal Studies

• The ideal typical model of decision making A
  priori decomposition of decision tree

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A Teaching Frameworks of Issue Inquiry Approach
for Liberal Studies

• The ideal typical model of decision making A
  priori decomposition of decision tree

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Controversial Issue
Value Bases
Factual Bases
Institutional Bases
Comparative Multicultural Bases
Judgment
Decision
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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
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
Institutional Inquiry 1. Identify the
institutions in which the issue invoked 2.
Identify the institutional practice or values
being endorsed or violated
Making a Decision 1. Identifying Alternatives 2.
Assessing anticipated effects of each
alternative 3. Predicting unanticipated
consequences of each alternatives4. Prioritizing
alternatives 5. Making choice
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What is at issue?
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Publications of Paparazzi Photographs should be
Penalized

• Incidents
• Case 1 Publication of changing-room photos of
  Gillian Chung (???) by Easy Finder (????) on 23
  Aug., 2006

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Publications of Paparazzi Photographs should be
Penalized

• Incidents
• Case 1 Publication of changing-room photos of
  Gillian Chung (???) by Easy Finder (????) on 23
  Aug., 2006
• Case 2 Douglas and Others v Hello! (English High
  Court, 2001)
• Case 3 Campbell v Mirror Group Newspaper (UK,
  2004)
• Case 4 Von Hannover v Germany (European Court of
  Human Rights, 2004)

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Case 2 Douglas and Others v Hello! (English High
Court, 2001)

• The Event
• On 18 November 2000, the famous film stars
  Michael Douglas and Catherine Zeta-Jones married
  and held a reception at the Plaza Hotel, New
  York.
• Michael Douglas and Catherine Zeta-Jones decided
  to release one official wedding photograph to all
  media outlets on the day of the wedding and to
  sell the exclusive rights to a selection of other
  official wedding photographs for later
  publication.
• A bidding war to obtain this exclusive rights of
  publication was wage between the publishers of
  the rival British magazines Hello! and OK!.
  Subsequently, Douglas and Zeta-Jones signed a
  contract for 1 million with OK!.

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Case 2 Douglas and Others v Hello! (English High
Court, 2001)

• The Event(continued)
• However, a paparazzo had managed to penetrate the
  security and took some photos of the wedding.
  These unauthorised photographs were immediately
  bought by Hello! for 125,000.
• After a series of within-days lawsuits, both OK!
  and Hallo! Had their editions of the wedding
  photos published on the same date.
• The Lawsuit
• Douglas and Zeta-Jones sue Hello! for liability
  citing stress, loss of income, and damage to
  their professional careers because of the poor
  quality of the images.

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Case 2 Douglas and Others v Hello! (English High
Court, 2001)

• The Ruling
• In 2003, Justice Lindsay of the English High
  Court ruled that there have been a breach of a
  confidence and detriment of all three parties,
  namely Michael Douglas, Catherine Zeta-Jones, and
  OK!
• By confidence, Justice Lindsay ruled that the
  information in question, Douglaseswedding as
  trade secret and the photos as commodity and
  valuable trade asset
• The ruling implies the distinction between the
  law of confidentiality (data protection) and law
  of privacy
• The ruling also implies the distinction between
  civil right and property right

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Case 3 Campbell v Mirror Group Newspaper (UK,
2004)

• The Event
• Naomi Campbell is an internationally-known
  celebrity model. Campbell had, in the past,
  publicly asserted that she did not take drugs.
  The Mirror newspaper obtained information that
  Campbell was attending meetings of Narcotics
  Anonymous to treat a drug addiction. The Mirror
  published an article revealing that Campbell was
  a drug addict and praising her for seeking
  treatment. The article was accompanied by
  photographs of Campbell depicting her in a public
  street leaving an Narcotics Anonymous meeting.
  The photographs were taken by means a telephoto
  lens while the freelance photographer was
  concealed in a parked car.

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Case 3 Campbell v Mirror Group Newspaper (UK,
2004)

• The Lawsuit
• Naomi Campbell sue the Mirror Group Newspaper of
  of violation of Campbell's right to privacy and
  breach of confidence.

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Case 3 Campbell v Mirror Group Newspaper (UK,
2004)

• The Rulings
• At first, the court ruled that Daily Mirrors
  publication of the article constitute breached of
  confidence and detriment to Campbell
• In the Court of Appeal, the judge ruled that
  there is no breach of confidence and Mirror was
  entitled to the media exemption.
• In the House of Lords, in a 3/2 split decision,
  it is ruled in favor of Campbell. Applying
  Article 8 of the European Convention of Human
  Rights to the case, the court ruled that
  Campbells right of privacy trumped freedom of
  expression of the press.

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Case 3 Campbell v Mirror Group Newspaper (UK,
2004)

• The Rulings
• The case involves breach of confidence because Ms
  Campbells undertaking drug rehabilitation was
  her confidence.
• The case did not involve money as the Douglases
  case did. However it did invoke the publics
  right to know the truth, especially since Ms
  Campbell had lied about her drug addiction.
• The ruling made reference to Article 8 of the
  European Convention of Human Rights and weighted
  the essentiality of right to privacy over that of
  freedom of expression.

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Case 4 The case of Von Hannover vs. Germany
(2004 European Court of Human Rights)

• The Lawsuit
• Princess Caroline von Hannover is the eldest
  daughter of Prince Rainier III of Monaco and the
  late Hollywood star Grace Kelly.
• Beginning in the early 1990s, Caroline initiated
  legal actions in the Hamburg Regional Court over
  photos taken in France and published in the
  German magazine Bunte, Freizeit Revue, and Neue
  Post. The photos (published along with articles)
  showed her in ordinary scenes of her everyday
  life.Most of photos had been taken secretlyfrom
  a distance of several hundred meters.
• Caroline attempted several times through German
  courts to prevent the publication of the photos
  but all in vain.
• Finally, In 2000 Caroline petitioned the European
  Court of Human Rights, alleged that Germany had
  breached her right to respect for her private
  life under Article 8 of the European Convention
  of Human Rights.

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Case 4 The case of Von Hannover vs. Germany
(2004 European Court of Human Rights)

• The Ruling
• The European Court of Human Rights ruled that
  German law failed to provide proper privacy
  protection for the Princess Caroline in respect
  of a variety of photos of her private life
  published in the German press.
• The ruling made a clear demarcation between
  public figures public and private lives.
  Accordingly, the court ruled that freedom of the
  press cannot intrude into public figures
  private life
• The ruling implied that Article 8 of the European
  Convention of Human Rights (concerns the right of
  privacy) may have overriding power over Article
  10 (concerns freedom of expression) in the
  Convention.

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Case 4 The case of Von Hannover vs. Germany
(2004 European Court of Human Rights)

• The Ruling
• The European Court of Human Rights stated that
  "increase vigilance in protecting private life is
  necessary to contend with new communication
  technologies which make it possible to store and
  reproduce personal data. This also applies to the
  systematic taking of specific photos and their
  dissemination to a broad section of the public."

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Definition of the Issue Identifying the opposing
parties and their arguments

• Individuals, celebrities, public figures and
  public officials, who are intruded by mass media,
  demand for protections of their right to
  confidentiality and privacy.
• Mass media argue for freedom of the press and
  expression, right to scrutinize public figures,
  and enactment of publics right to know

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Social Inquiry (PPros, CCons)

• P1 Paparazzi photographing are intrusion of
  privacy.
• P2 Publications of paparazzi photos are intrusion
  of privacy.
• P3 Paparazzi photographing are infringement of
  confidentiality
• P4 Publications of paparazzi photos are
  infringement of confidentiality.
• P5 Publications of paparazzi photos are act of
  dissemination of indecent and/or obscene
  articles.
• C1 Paparazzi photographing are acts of revelation
  of facts to the public and fulfillment of
  publics right to know.
• C2 Publications of paparazzi photos are acts of
  revelation of facts to the public and fulfillment
  of publics right to know.
• C3 Paparazzi photographing are enactments of
  freedom of speech.
• C4 Publications of paparazzi photos are
  enactments of freedom of speech.
• C5 Publications of paparazzi photos are
  commercial decisions governed by market demand.

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Value Inquiry

• P1 Public figures (including celebrities) right
  of privacy should not be infringed.
• C1 Exposures of private lives to the public are
  part of the publicity strategies of public
  figures, especially celebrities.
• P2 Public figures right to confidentiality
  should be endorsed by the public and especially
  the mass media.
• C2 Public figures' conducts and lives in general
  are part of the domain of public interests. They
  are subjected to public accountability and
  scrutiny.
• C3 Mass media have the right and obligation of
  revelation of facts and of fulfillment of
  public's right to know.
• P3 Mass media's right to reveal facts are not
  unlimited and they should be restrained outside
  the boundary of individual privacy.
• C4 Mass media have the right to free speech,
  which include publishing confidential and
  objectionable information concerning public
  figures.
• P4 Public figures' right to confidentiality
  should be respected and endorsed by the mass
  media and the public in general.

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Institutional Inquiry

• Mandates of the Obscene Articles Tribunal
  (???????) and the Control of Obscene and Indecent
  Articles Ordinance (???????????)
• Mandates of the Office of the Privacy
  Commissioner for Personal Data(??????????) and
  Personal Data (Privacy) Ordinance(????(??)??)
• The reports of the Law Reform Commission of Hong
  Kong on
• Civil Liability for Invasion of
  Privacy????????????(Dec., 2004)
• Privacy and Media Intrusion??????????????(Dec.,
  2004)
• Freedom of expression stipulated in The
  International Covenant on Civil and Political
  Rights and its conflict with individual privacy.

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Comparative Inquiry

• The case of Douglas and others vs. Hello!
• The ruling implies the distinction between the
  law of confidentiality (data protection) and law
  of privacy The ruling implies that
• The photographing and publishing of wedding
  photos did not constitute intrusion of privacy
  because the wedding was held in public facility
  and the couple had sold the exclusive right of
  publishing the photos to a magazine.
• These acts did constitute breach of confidence
  because the wedding was considered to be a trade
  secret and the photos were commodities and
  valuable trade asset
• The ruling also implies the distinction between
  civil right and property right The case did not
  imply the violation of civil right of privacy but
  did involve the violation of property right of
  the Douglases and OK!

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Comparative Inquiry

• The case of Naomi Campbell v Mirror Group
  Newspaper
• The case involves breach of confidence because Ms
  Campbells undertaking drug rehabilitation was
  her confidence.
• The case did not involve money as the Douglases
  case did. However it did invoke the publics
  right to know the truth, especially since Ms
  Campbell had lied about her drug addiction.
• The ruling made reference to Article 8 of the
  European Convention of Human Rights and weighted
  the essentiality of right to privacy over that of
  freedom of expression.

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Comparative Inquiry

• The case of Von Hannover vs. Germany
• The ruling made a clear demarcation between
  public figures public and private lives.
  Accordingly, the court ruled that freedom of the
  press cannot intrude into public figures
  private life
• The ruling implied that Article 8 of the European
  Convention of Human Rights (concerns the right of
  privacy) may have overriding power over Article
  10 (concerns freedom of expression) in the
  Convention.
• The European Court of Human Rights stated that
  "increase vigilance in protecting private life is
  necessary to contend with new communication
  technologies which make it possible to store and
  reproduce personal data. This also applies to the
  systematic taking of specific photos and their
  dissemination to a broad section of the public."

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Decision Making

• Identifying alternative
• Categorization of information/photos
• Indecent or obscene information
• Private information
• Confidential information
• Classification of act
• Obtaining the information in public facilities
• Obtaining the information I private facilities
• Obtaining the information by means of covert
  surveillance
• Obtaining the information in other illegal means
• Disseminating to designated "private" sources
• Disseminating to the public

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Decision Making

• Identifying alternative
• Nature of the offence
• Criminal offence
• Civil offence
• Unethical offence

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Curriculum-Content Analysis

• On the theme of Impact of Globalization
• The advancement of information technology and
  technology of scrutiny and control in general
  have fundamental changed the boundary of private
  and public sphere.
• Private sphere is no long defined in terms of
  physical spaces, such as one's home, bedroom,
  changing room, etc. Private sphere has
  transformed into sphere of information flows.

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Curriculum-Content Analysis

• On the theme of Interpersonal Relationship
• A new form of pure relation emerges, i.e.
  spectator and celebrity relation. It is one of
  the purest forms of the pure relation in IT age.
  There is no "institutional bondage" or even any
  other kind of bondages on the part of the
  spectators. The spectators can turn on and off
  the relation any time they want without any
  social and/or emotional responsibility entailed.
• On the part of the celebrities, they
  instrumentally use this relation and the industry
  of public relation and publicity to build up
  their fame.
• On the part of the mass media, they are but the
  magnifying and accelerating machine in the
  virtual stadium, where spectator and celebrities
  meet.

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Curriculum-Content Analysis

• On the theme of Quality of Life
• Redefining quality of life in virtual world to
  include right to privacy and confidentiality.
• Protection of right to privacy and
  confidentiality as part of the governmental
  responsibilities of modern state especially in
  the IT age.
• On the theme of Rule of Law
• Rule of law as means of protection of right to
  privacy and confidentiality
• Rule of law as means of protection of freedom of
  the press and speech.

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Stones from other Mountains Issue-Inquiry
Approaches in the UK and US

• General Studies in UK
• http//www.bbc.co.uk/schools/websites/16/site/gene
  ral_studies.shtml
• http//www.edexcel.org.uk/quals/gce/general/as/820
  6/
• Issue inquiry approach in the U.S.
• http//www.dushkin.com/usingts/
• http//www.criticalthinking.org/index.cfm

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Example Issue 1 Passive Euthanasia

• Should euthanasia be legalized? (Edexcel Advanced
  Subsidiary GCE in General Studies Coursework
  Guide) http//www.edexcel.org.uk/VirtualContent/48
  417/GCE_General_Studies_Coursework_Guide.pdf
• Should doctors ever help terminally ill patients
  to committed suicide? (Issue 6 in Daniel, E (Ed.)
  (2004) Taking Sides Clashing views on
  controversial issues in health and society, 6th
  edition, Guilford McGraw-Hill/Dushkin.)

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Example Issue 1 Passive Euthanasia

• Should physicians be allowed to assist in patient
  suicide? (Issue 5 in Levine, C. (Ed.) (1997)
  Taking Sides Clashing views on controversial
  bioethical issues, 7th edition, Guilford
  McGraw-Hill/Dushkin.)
• ????(??)????, ??????????2004?4?20?

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• ????
• ??2004?4?20?
• ????(??)????, ????????

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Example Issue 2 GM Food

• Is biotechnology an environmentally sound way to
  increase food production? (Issue 6 in Goldfarb,
  T.D. (Ed.) (1999) Taking Sides Clashing views on
  controversial environmental issues, 8th edition,
  Guilford McGraw-Hill/Dushkin.)
• http//www.ornl.gov/sci/techresources/Human_Genome
  /elsi/gmfood.shtml
• http//en.wikipedia.org/wiki/Genetically_modified_
  food
• http//www.csa.com/discoveryguides/gmfood/overview
  .php
• http//www.newscientist.com/channel/opinion/gm-foo
  d/

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Example Issue 2 GM Food

• Campbell, J. 50 Harmful Effects of Genetically
  Modified Foods in
• http//www.cqs.com/50harm.htm

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Example Issue 3 Human Coning

• Should human cloning ever be permitted? (Issue 9
  in Daniel, E. (Ed.) Taking Sides Clashing views
  on controversial issues in health and society,
  6th edition, Guilford McGraw-Hill/Dushkin.)
• http//www.ornl.gov/sci/techresources/Human_Genome
  /elsi/cloning.shtml
• http//en.wikipedia.org/wiki/Human_cloning
• http//www.arhp.org/patienteducation/onlinebrochur
  es/cloning/index.cfm?ID282

80
Example Issue 4 Same-Sex Marriage

• Should same-sex couple be able to marry? (Issue
  11 in Schroedor, E. (Ed.) (2005) Taking Sides
  Clashing views on controversial issues in family
  and personal relationship, 6th edition, Guilford
  McGraw-Hill/Dushkin.)
• Should the U.S. Constitution be amended to
  protect the sanctity of marriage? (Issue 12 in
  Schroedor, E. (Ed.) (2005) Taking Sides Clashing
  views on controversial issues in family and
  personal relationship, 6th edition, Guilford
  McGraw-Hill/Dushkin.)
• Can Lesbian and gay couples be appropriate
  parents for children? (Issue 13 in Schroedor, E.
  (Ed.) (2005) Taking Sides Clashing views on
  controversial issues in family and personal
  relationship, 6th edition, Guilford
  McGraw-Hill/Dushkin.)

81
Example Issue 5 Desecration of National Flag
is a Criminal Offense
82
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 Partys convention in
Dallas
83
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 Johnsons 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.

84
Texas vs. Gregory Lee Johnson

• The incidents
• The Texas Court of Appeal agreed that Johnsons
  act of flag burning as a form of expression was
  protected by the 1st Amendment and therefore
  reversed Johnsons 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.

85
Texas vs. Gregory Lee Johnson

• The incidents
• Right after the Supreme Courts 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.

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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.

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• ??
• 1998?1?1?,???(25?)????(19?),??????????????????????
  ??????????????????????????????????????????????????
  ????
• ?????????????????????????????????????????????????
  
• 1998?5?,??????????????????????????????????????????
  ?????????????????????????????

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?????? ? ??? ???

• ??
• 1999?3?23?,?????????????????????????????????????
  ?????????????????????????????????
• ??????????????????????????????????????????????????
  ??????????????????????????????????????????????????
  
• ??????????????????????????????????????????????????
  ??????

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?????? ? ??? ???

• ??
• 1999?12?15?,????????????????????????????????????
  ??????????????????????????????????????????????????
  ??????????
• ?????????????????????????????????????????????????
  ?????????????????????????????????????
• ?????????????????????????????????????????????????
  ??????????????????

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Definition of the Issue

• http//en.wikipedia.org/wiki/Flag_desecration
• 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.

95
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 free agent
  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

96
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?

97
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?

98
Curriculum-Form Analysis

• Comparative-multicultural inquiry
• Australia
• Canada
• Denmark
• The UK
• The US

99
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

100
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

101
Lecture 7 Understanding the Curriculum Form of
Liberal Studies Conception of Issue Inquiry
Approach End