Problem-based Learning: Combining Enthusiasm and Excellence

Gabriël A Moens,
Garrick Professor of Law
The University of Queensland

1. Introduction

There is already a voluminous literature on problem-based learning (PBL). In this paper, I propose to discuss how PBL, as a teaching method, facilitates the pursuit of enthusiasm and excellence among university students, especially law students. In particular, I will discuss three issues. First, what is problem-based learning? Second, how is PBL applied in academia? Third, how could PBL be applied to the study of law in order to promote enthusiasm and excellence in legal education?

2. What is problem-based learning?

PBL is a term used to describe an approach to teaching the curriculum of any discipline. The principal idea behind PBL is that students' learning should be based on carefully designed problems "that demand from the learner acquisition of critical knowledge, problem solving proficiency, self-directed learning strategies, and team participation skills." PBL "replicates the commonly used systemic approach to resolving problems or meeting challenges that are encountered in life and career" (Barrows and Kelson). PBL is therefore an approach to learning that uses a problem, rather than a lecture, to enhance the learning of students. This approach shifts responsibility for learning onto the students away from the teachers. "PBL acknowledges the possibility of prior knowledge (whether subject-specific or not) held by the learner. Further knowledge is acquired on a 'need to know' basis, enabling the learner to diagnose their own learning needs. Knowledge gained is fed back into the problem in an interactive loop." (Aldred: 3) Barrows and Tamblyn describe PBL as follows:

The stimulation formats which provide the basis for this method allow for full and free inquiry and decision making on the part of students. The stimulation begins by providing context and preliminary information about the problem, for example, those few facts that a client gives the receptionist when making an appointment with a lawyer. Students then direct their own learning, exploring the problem in much the same way they would with an actual problem ... The problems, not a set syllabus, provide the stimulus and framework for learning. Knowledge is acquired through self-directed study and small group discussions, rather than through lectures (Barrows and Tamblyn: 191).

PBL is seen by some commentators as the most important development since the move to professional training in educational institutions (Boud and Feletti: 1). PBL has been adopted in higher education institutions in Australia, the European Union, Canada and the United States during the last twenty years. Following the introduction of PBL into Medicine at McMaster in Canada and into Law at the University of Limburg at Maastricht in The Netherlands, PBL has been adopted in the fields of Nursing, Social Work, Engineering and Architecture, as well as Law, Optometry and Management (Aldred: 2). In Dentistry, PBL initiatives have been taken at the University of Adelaide and at The University of Queensland in Australia, and Harvard in the United States (Aldred: 2).

The relevant literature reports several perceived disadvantages of PBL. First, students may be uncomfortable with PBL because they are so used to lecture-based learning (Woods: 2.2-2). Second, it may appear that the use of PBL does not convey the amount of knowledge students acquire through the conventional use of the lecture method. Third, an apparent disadvantage of the use of PBL relates to the length of time needed to master the content of a course. In particular, Donald Woods argues that it takes longer to master the same subject content if PBL is used as the teaching method (Woods:2.2-2). This criticism may be more apparent than real because, if students like the PBL teaching method, they may choose to learn the studied materials more in depth than is needed to succeed in the course. In addition, the longer time needed to master a course, taught by PBL, may be explained by the fact that PBL requires the development of other skills apart from the acquisition of knowledge.

However, the literature also reports the demonstrable advantages of PBL. First, PBL enhances learning because it requires small group teaching. This enhancement of learning stems from the fact that PBL requires the participation of students in the process of learning. Small group learning imposes an obligation upon students to take learning into their own hands, thereby increasing their motivation to learn (Woods: 2.2-1). Second, PBL is instrumental in facilitating the retention of knowledge because, in general, students more easily recall information which is embedded in a factual context (Szabo: 203). Third, PBL encourages interdisciplinary learning because the resolution of a problem may necessitate the application of dispersed knowledge (Szabo: 204). A good example in the discipline of law is the Civil Procedure course. If PBL were applied to this course, students would be expected to ascertain the relevance of Contract, Tort, Company and Agency Law to a relevant procedural problem (Szabo: 204). There is little doubt that the contextual integration of legal skills and knowledge properly prepares students for legal practice by encouraging them to adopt an integrationist approach to the resolution of legal problems

3. The application of PBL in academia

When PBL is used as a teaching method, the traditional roles of teacher and student change markedly. Students assume responsibility for their learning, thereby enhancing their motivation to learn and providing them with feelings of accomplishment. In turn, teachers are used as resources, facilitators, tutors, and evaluators, who guide students in their problem-solving efforts (Blunden: 1994 Professional Legal Skills Conference). As indicated before, PBL requires small group teaching in order to enable students to discuss the problem or problems upon which the course is based. The problem is usually introduced in the first meeting of the members of the class. The Faculty of Social and Behavioural Sciences of The University of Queensland, which has introduced PBL, describes the process of learning as the Triple Jump (Video: Problem Based Learning is not a problem!). The first jump aims at ascertaining what students already know about the problem used in the class. This process of ascertainment requires students to recall studied materials relating to the problem at hand. The second jump involves the development, by students, of the Hypothesis; it challenges students to define the problem used as the stimulus in the class. The third jump requires students to research the relevant issues to enable them to explain or justify the Hypothesis.

4. The Application of PBL to Law Teaching

Law teaching is ideal for using PBL because the courses are based on case law (Szabo 1994: 1). PBL has actually been used in law teaching for a long time even though it may not have been recognised as such by law teachers. The PBL teaching method, which uses problems as stimuli for learning, is applied in law teaching in order to enable students to think as lawyers. One application of PBL to Law teaching is know as MIRAT. The letters in MIRAT stand for:

M - Material Facts - present or absent
I - Issues of law and "policy"
R - Rules and Resources
A - Arguments or Application
T - Tentative Conclusion (Wade: 284).

MIRAT provides a structure for both teachers and students to ensure a focused approach to legal learning. The MIRAT structure provides them with a framework that enables them to control the learning process and to guide them through the problem to the desired solution. This method is often used in tutorials and nowadays also in lectures. Students are expected to undertake the first step, which is the reading of the material facts. The second step involves an identification of the relevant issues of law and policy; this identification is undertaken by students when they prepare for the tutorial and is refined by the teacher when guiding his or her students through the problem. The third step, involving the ascertainment of the applicable rules and resources, requires independent research by students. The fourth step involves the application by students of these rules and resources to the problem used as the stimulus. The teacher acts as a facilitator in the discussion. The final step involved in the MIRAT method requires the teacher and the students to formulate an overall understanding of the problem used as the stimulus.

PBL is not just a teaching method; it is also a method of learning used in the assessment of students. Law students usually have to submit an assignment for each course undertaken by them. Most assignment topics are problem-based. Students have to identify the legal and policy issues and are required to undertake advanced research in the relevant area of law. Upon completion of their research, students would typically be required to apply the law to the facts of the problem and draw their own conclusions. Hence, the stages involved in the solving of a legal problem include the following:

1. Problem finding;
2. Preliminary consideration of approaches to the problem;
3. Inquiry strategy;
4. Issue identification;
5. Research;
6. Legal analysis and consideration of solutions; and
7. Counselling or case management (Kurtz, Wylie and Gold: 804).

Another form of assessment of law students' work is advocacy, which is equally problem-based, but in contrast to the writing of assignments, requires students to present their arguments orally. This is a very popular method, used extensively by law schools throughout the world, especially in the United States where most Law School have established Moot Court Boards. PBL is also applied in Moot Court Competitions at the T C Beirne School of Law of The University of Queensland. The Law School participates in the Willem C Vis International Commercial Arbitration Moot; Philip C Jessup International Law Moot Competition; John Marshall International Moot Court Competition in Information Technology and Privacy Law; The International Maritime Law Arbitration Competition; and the National Family Law Moot Competition. Students are encouraged to participate in these Moot Court Competitions. The Moot Team achievements of the prestigious Willem C. Vis International Commercial Arbitration Moot and the John Marshall Information Technology and Privacy Law Moot prove the spectacular success that PBL can have on students' performances. In particular, the Law School has enjoyed great success in the Willem C. Vis International Commercial Arbitration Moot. The T C Beirne Law School teams have defeated over the last four years 80 of the world's leading schools, thereby substantially enhancing the School's international profile. This Moot is based on a problem dealing with an international commercial transaction between a buyer and seller who have their places of business in different states. The transaction goes wrong and requires conflict resolution by the participating students. Since the Willem C. Vis Moot is based on ONE transactional problem (which, however, has many multi-faceted aspects and issues), it could be described as Project Based Learning, which conceptually is the same as PBL. The results of the T C Beirne School of Law in this Competition are impressive:

1997 - Winner of the Moot; 2nd Prize for Best Memorandum for the Claimant;
1998 - Grand-Finalist (Runner-up); placed first in the General Rounds; two best oralist awards;
1999 - Quarter-Finalist; placed first in the General Rounds; two best oralist awards;
2000 - Winner of the Moot; Honourable Mention, Best Memorandum for the Claimant; 2nd Prize for Best Memorandum for the Respondent; placed first in the General Rounds; two best oralist awards.

5. Conclusion

The PBL teaching method aims at the acquisition by students of analytical knowledge and problem-solving skills, which in turn, often require an ability to work as an effective member of a team. The best way to evaluate the effectiveness of PBL is to look at the performances of students and the educational outcomes of students' work. The application of PBL at The University of Queensland, especially in the T C Beirne School of Law's international mooting program, points to the great potential of PBL in the teaching and training of law students.

References

Aldred S and al, The Direct and Indirect Costs of Implementing Problem-Based Learning into Traditional Professional Courses within Universities, Department of Employment, Education, Training and Youth Affairs, Canberra 1997

Blunden, A (Mallesons Stephen Jaques), "Problem Solving Skills", 1994 Professional Legal Skills Conference

Barrows, H S and Tamblyn, R M , Problem-Based Learning: An Approach to Medical Education, New York, Springer, 1980

Boud, D and Feletti, G I, The Challenge of Problem-Based Learning, 2nd ed., Kogan Page, London 1997.

Kurtz, S, Wylie, M and Gold, N, "Problem-Based Learning: An Alternative Approach to Legal Education", The Dalhousie Law Journal, vol. 13, 1990

Szabo, A B, " Teaching Substantive Law Through Problem Based Learning in Hong Kong", Journal of Professional Legal Education, vol. 11 No. 2, 1993

Szabo, A B, 'Changing the Way we Educate Law Students: Problem Based Learning", unpublished Article from 1994

Video: Problem Based Learning is Not a Problem", The University of Queensland, Faculty of Social and Behavioural Sciences, Opinions expressed by Students of the course AY100 (Introduction to Anthropology)

Wade, J H, "Meet MIRAT Legal Reasoning Fragmented Into Learnable Chunks", Legal Education Review, vol. 2 No 2, 1990, 283-297

Woods, D R, Problem-based Learning: How to Gain the Most from PBL, Donald R Woods, Waterdown Canada, 1994