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LA INCORPORACIÓN DE LOS DERECHOS HUMANOS AL SISTEMA JURÍDICO MEXICANO

UNIVERSOS JURÍDICOS

José Francisco Báez Corona 1

II- LA INCORPORACIÓN DE LOS DERECHOS HUMANOS AL SISTEMA JURÍDICO MEXICANO

Throughout its history, apprenticeship has been defined by its hands-on methods of teaching and learning, a process so common in everyday practice outside of formal education that it is “nearly invisible as a way to explicitly teach and learn” (Johnson & Pratt, 1998, p. 83). Coy (1989) describes apprenticeship as “associated with specializations that contain some element that cannot be communicated, but can only be experienced” (p. 2). Guile and Young (1999) spoke of the institution of apprenticeship as an educational form, underpinned by two assumptions: learning by doing and a master as a role model. These descriptions echo Polanyi’s (1958) concept of tacit knowledge, a form of knowing which is difficult or impossible to put into words. The descriptions by Johnson and Pratt (1998) and Coy (1989) also reflect the concepts of Schon (1983) regarding knowing in action, as well as Kolb’s theory of experiential learning (Kolb, 1984; Kolb & Kolb, 2005) and the practical learning heritage of Dewey (1938; 1997).

Critics of classroom-based education have seen apprenticeship or on-the-job training as a cure for educational problems. Becker (1972) argued against a formal setting where the needed learning has been broken down into instructional units, suited to classroom timeframes and testing; he suggested an on-the-job setting where learning is based on what is happening in the here and now, and testing is via meeting the requirements of a supervisor. “The learner sees the kind of work he is to learn in all its tangled complexity from the first day, instead of being introduced to those complexities a step at a time in a carefully constructed curriculum” (Becker, 1972, p. 95). Becker (1972) argued that the student is given more power to select his or her own learning, both in content and pace, learning a bit about this today, a bit about that tomorrow. Halpern (2009) similarly posited that youth apprenticeship could engage young people and address issues of adolescence, providing a sense of meaning missing from the classroom.

The apprenticeship model has been incorporated into the practice of many professions, far beyond the craft trades. The articling lawyer, interning doctor or teacher, or engineer in training, are all part of the apprenticeship tradition as they combine the theory learned in the classroom or lab with the realities of practicing under the supervision of an experienced

professional (Trede, Macklin, & Bridges, 2011). The apprenticeship model has also proven to be a rich source of material for educational theorists, who have built concepts that extend far

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2.2.2.1 Situated learning. Lave and Wenger (1991) built their theory of situated learning by drawing on anthropological studies of apprenticeships in settings such as Mayan midwifery training and craft apprenticeship in West Africa. In a manner similar to Becker’s (1972)

argument, Lave (1991) spoke against the educational practice of commoditizing knowledge into learning outcomes or competencies, in favour of a holistic type of learning similar to that of children learning basic life skills at the side of a parent, or of an apprentice working alongside a journeyperson. This learning process is situated in a real setting, real in both activities and time. The instruction is organic, as the journeyperson/teacher continues to work while incorporating explanation and demonstration toward the learning of the apprentice/student. The student operates as a legitimate peripheral participant: allowed and encouraged to be present, but at the periphery, with participation dependent on skills previously learned and the situation at hand, gradually moving from the periphery to active participation as learning develops (Lave, 1991). Lave and Wenger (1991) provided examples of legitimate peripheral participation: a Mayan midwife who must, first and foremost, tend to the mother and child before her such that, in an emergency situation, participation by the student may be limited to observation from a distance; or, a modern business setting that could find the apprentice limited to observing, or practicing only routine tasks, in favour of the emergency of a customer’s needs.

Legitimate peripheral participation is both a defining feature and strength, and a

weakness, of apprenticeship training. Lave and Wenger (1991) termed this behaviour of the master/teacher focusing on the situation at hand rather than the apprentice/student as “benign neglect” (p. 93). Coy (1989) looked at apprenticeship practice in history and concluded that learning was typically a secondary function; the accomplishment of the task at hand came first and little direction, or specific teaching, was given to the apprentice. As Becker (1972) stated, the learner has power to learn today or learn tomorrow; however, the apprentice may not learn at all if he waits for the teacher to make the learning explicit. As a legitimate peripheral

participant, the apprentice must actively watch, practice when given the opportunity, and take on

a great deal of responsibility for what learning will occur.

2.2.2.2 Zone of proximal development. The process of learning through apprenticeship has also been explained using the theories of Vygotsky (1978), particularly through the concept of the zone of proximal development, “the distance between the actual developmental level as determined by independent problem solving and the level of potential development as

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determined through problem solving under … collaboration with more capable peers” (p. 86). While Vygotsky’s theories sought to explain pedagogy and child development, the concepts have also been translated into adult vocational settings, as a novice or apprentice is moved from a beginning developmental level of skills toward a higher level through the guidance and collaboration of the teacher or journeyperson serving as the “more capable peer” (Vygotsky, 1978, p. 86). Vygotsky’s theory was placed into the postsecondary vocational context by Bockarie (2002), who described the process as moving from passive to active learner, and that knowledge “may be seen as moving along a continuum from knowing how, to knowing what, to knowing when, and knowing why” (p. 52). Over time, practical skills of the trade, in addition to problem-solving skills, are learned through a gradual addition of information and practice in new areas. What an observer might label “benign neglect” (Lave & Wenger, 1991, p. 93) by the journeyperson toward the apprentice is, according to Vygotsky’s (1978) theory, a function of the existing zone of proximal development, and peripheral participation level, allowing the novice to gain knowledge without the anxiety of prematurely taking on tasks.

2.2.2.3 Apprenticeship as a teaching perspective. Pratt (1998b) theorized that individual teachers in adult and higher education operate under one, or perhaps two, dominant perspectives within a range that includes transmission, apprenticeship, developmental, nurturing, and/or social reform. For those who operate within the apprenticeship perspective, the teacher self identifies as a master teacher or journeyperson, in the role of holder of knowledge or expert, and the student in the role of learner or novice. Pratt (1998a) contrasted the apprenticeship perspective to other teaching perspectives by describing a teacher operating within the

apprenticeship perspective as someone take pride in expertise, knowledge and skill, “much of which has become automatic” (p. 224), such that it is impossible to separate the content from the teacher. The apprenticeship perspective of teaching is illustrated as a relationship between the teacher, the content, and the learner: content can flow to the learner only through the teacher. The transmission perspective also holds that the teacher is a content expert, but for those who operate within this perspective, the teacher’s job is to accurately convey a stable body of knowledge that is then to be reproduced by the learners (Boldt, 1998). In the apprenticeship

perspective, the expert knowledge of the teacher is transmitted through application and practice,

such that “to abstract the knowledge and wisdom from practice is to drain it of its most essential qualities” (Pratt, 1998a, p. 226).

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According to Pratt (1998b), the apprenticeship perspective of teaching is used within adult education without being limited by the boundaries of traditional apprenticeship instruction; it is an approach that a teacher may bring to any subject matter if learning is approached through the use of application and practice. By contrast, the transmission perspective (an approach that may well be used by teachers within the boundaries of true apprenticeship training) is focused on content about the subject matter and the efficient, accurate presentation of that content by the teacher. In the transmission perspective, the teacher’s role is dominant as content expert and skilled presenter who demonstrates enthusiasm and knowledge for the subject matter. The other three perspectives – nurturing, developmental, and social reform – focus more on the relationship of the student to the teacher, the student to learning, or the student to society, than on content (Pratt, 1998b).

Pratt’s (1998b) theory has been tested through the Teacher Perspectives Inventory (TPI), an online tool used by more than 100,000 teachers throughout the world, and found to be reliable and valid (Collins & Pratt, 2011, p. 370). The results show the most common perspectives are nurturing (50%), apprenticeship (38%), developmental (18%), transmission (14%), and social reform (3%). A respondent may show more than one dominant perspective.

2.2.2.4 Processes within the apprenticeship perspective. Johnson and Pratt (1998), in explaining the apprenticeship perspective, drew on the work of others (Collins, Brown & Holum, 1991; Lave & Wenger, 1991; Schon, 1983; Vygotsky, 1978), to explain the process of learning and teaching. They suggested several key stages of learning within this perspective:

 Observation – the master or teacher demonstrates a task, with assistance from advanced apprentices. Novices can gain an advance organizer or schema for their future attempts at the task, sees expertise within the group, and view learning as an incremental process by

comparing the skills of the master, the advanced apprentice, and themselves.

 Modelling or Approximating – after observation, the novice learner attempts to perform the same task by modelling the actions of the master, in a protected situation.

 Scaffolding – the master provides support through words or demonstration, based on the demonstrated proficiency of the novice attempting the task, reducing the intervention as skill is attained.

 Fading – the master slowly removes scaffolding support, encouraging the learner to take more responsibility for the task.

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 Coaching – throughout the process, the master encourages, provides feedback, and helps diagnose problems.

 Self-directed learning – the novice undertakes work on his own, correcting as necessary to meet standards.

 Generalizing – the novice is able to see applicability of learning to higher-risk, less-defined, or more complex situations (Johnson & Pratt, 1998).

While these concepts are drawn from the apprenticeship tradition, they have been applied to teaching at all levels, and in many subject areas; they are not limited to formal apprenticeship training (Collins & Pratt, 2011).

2.2.2.5 Cognitive apprenticeship. The apprenticeship perspective, and apprenticeship- style learning, has also been explored through the theory of cognitive apprenticeship (Collins et al., 1991). Through this theory, the apprenticeship teaching perspective has been examined as a means to promote learning in areas that are more intellectual than practical. Collins et al. (1991) defined cognitive apprenticeship as “a model of instruction that works to make thinking visible” (p. 1). They called on teachers to identify processes within cognitive subject matter (reading, writing, mathematics) and make them visible to the student; to situate abstract tasks in authentic contexts; and to create a variety of situations to allow students to transfer learning into new situations. Collins et al. (1991) stated the advantages of using apprenticeship learning principles within more cognitive subjects as increased engagement through authentic tasks, increased understanding of thinking processes, and integration of the parts of learning into a whole or final outcome.

Unfortunately, there is a sense through their writing that while traditional apprenticeship practices may have value as a model, the learning within academic subjects is considered superior to that of the practical crafts. Collins et al. (1991) stated: “In traditional apprenticeship, it is unlikely that students encounter situations in which the transfer of skills is required. The tasks in schooling, however, demand that students be able to transfer what they learn” (p. 3). This division between practical and thoughtful learning is simplistic, unrealistic, and perpetuates the historic view of manual labour as being of lesser value. Expertise in any domain requires the ability to apply learning to unusual situations (Johnson & Pratt, 1998; Schon, 1983; Westera, 2001). Aristotle, who was among the first scholars to separate episteme from techne, nonetheless saw how craft, knowledge, and teaching were connected: the master-craftsman was one who had

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knowledge or theory beyond his craft, and further, could teach others in that knowledge (Wheelwright, 1951).