030568 KU Discussion, Negotiation and Presentation in English (2018S)

Common law, common language; uncommon thinking

Few future lawyers will avoid the need to work in English. This places a heavy demand on the hallmark abilities of the legal professional: high language skills combined with exceptional thinking. Regretfully, working in a second language often limits expression and downgrades thinking.

This course, which has proved off-beat, useful and very popular, is aimed at giving you ways to overcome these problems. It provides a platform on which to base ongoing development of your language skills; three scenarios are included - discussion, negotiation, and presentation, with most texts and exercises drawn from legal contexts.

But even superb language is of little value unless it is underpinned by clear thought. So embedded within the course core is training in the thinking skills you need - how to engage problems, make arguments, evaluate options, and render opinions using skilful reasoning.

The course is led by David Goulden, a Cambridge qualified barrister and former English newspaper editor. An interactive, tutorial format is used with most sessions working in small groups. There is no formal reading list but a wide range of optional topics is offered. Extensive use is made of audio and video sources.

Discussion - key functions such as expressing and seeking opinions, agreeing and disagreeing, making suggestions and interrupting, are taught through individual and group exercises. A building task and a Survival exercise provide practical experience.

Negotiating: the language of negotiation (outlining proposals, making counter proposals, bargaining etc) will be taught through hands-on practice of key areas (establishing positions - strengthening yours and weakening the opposition's, trading, closing etc). Role-play client meetings in contract negotiation and in dispute settlement are used in practical sessions.

Critical thinking: about one third of the course is devoted to improving your thinking skills....but through experiential learning, not "teacher talking". Memorisation has many uses, but it does not develop the ability to think. Concepts such as Analysis and Evaluation of Argument, Inference and Assumptions, Evidence and Flaws as well as Heuristics will be demonstrated, but you will learn mainly in a workshop process requiring active participation ("Bring your brain, not your books”... and expect the unexpected!).

Goals: The learning outcome in language will be to acquire a collection of tools of practical value which you can upgrade through your professional career. In thinking, the aim is to acquire a "critical spirit - a probing inquisitiveness, a keenness of mind, a zealous dedication to reason, and a hunger or eagerness for reliable information" (Peter Facione).

Course assessment: One-hour's preparation exercises (reading / video etc) will be set each week and are obligatory. They will constitute one-third of the final Assessment. The final lesson will consist of an individual exam paper and another to complete with a partner, each also scoring one-third of the total.

If you'd like to see what others who took the course felt about it go to: https://backend.univie.ac.at/index.php?id=27428.

Here you can find a short syllabus written by David Goulden:
https://backend.univie.ac.at/index.php?id=27429