A thorough understanding of critical thinking involves classes in logic, mathematics, the law, science, and related topics. Each of these is dear to me and I like to think I am evolving to be a more reasoned and reasonable person.
But most importantly to my clients, critical thinking can help to resolve legal issues by cutting to the chase, eliminating emotional arguments (where appropriate) and focusing on the dispute at hand. Knowing what the core issues in a case are, an apt lawyer can then use the emotions and prejudices of judge and jury to tip the balance where there is no clear resolution.
So, a simple way of looking at critical thinking is the following from Robert H. Ennis of the University of Illinois:
Assuming that critical thinking is reasonable reflective thinking focused on deciding what to believe or do, a critical thinker:These are the skills, over my legal training and experience, which I will apply to your case. As we work together, I will help you to understand the likely outcomes of your case based on these principals.
- Is open-minded and mindful of alternatives
- Tries to be well-informed
- Judges well the credibility of sources
- Identifies conclusions, reasons, and assumptions
- Judges well the quality of an argument, including the acceptability of its reasons, assumptions, and evidence
- Can well develop and defend a reasonable position
- Asks appropriate clarifying questions
- Formulates plausible hypotheses; plans experiments well
- Defines terms in a way appropriate for the context
- Draws conclusions when warranted, but with caution
- Integrates all items in this list when deciding what to believe or do
Your,
Bear
