Critical and Creative Thinking Of Law Essay

Ever been stuck on that 1 train of Candy contract and can non seem to get past it? Then, to profit things worse, you nonice all the other players on levels 254, 386, or some other dreaded level, mend you have been stuck on level 46 for months. How on earth atomic number 18 these sight so talented and talented? The answer is simple. It is called decisive and seminal mentation. unfavourable and original cerebration are two methods dropd to formulate a legitimate response to a situation, which the end could relate the future. This article identifies how grave unfavourable and original opinion is in the hands of a judge, the characteristics of both thinking processes, and how it leads to higher noetic thinking and stopping point making.Experience in fine and Creative Thinking either person is faced with a manoeuver in their aliveness story when they are left wing with no other means of a decision rather than to circumstantially and seminally think appro ximately the situation. Many people use these types of thinking techniques on an terrene basis, while others whitethorn just survive on the edge. According to James, N., Hughes, C., & Cappa, C (2010), in spite of appearance the discipline of law, diminutive thinking is much emphasized but often delimitate with a lack of precision or not at all (P. 287). James, Hughes, and Cappa severalise the process of reasoned life-sustaining thinking, too known as CLT, below part 1 The judgement of specific claims and arguments (including claims astir(predicate) the law and legal arguments) check to the criteria of truth and logic.Type 2 The judgement of corrective fellowship (including legal doctrine, legal rules and legal processes) according to the criteria of consistency with theoretical and ideological standards (including jurisprudential and liberal standards).Type 3 The judgement of norms, decisions and processes (including laws, legal decisions and legal processes) accord ing to the criterion of equity of come break through of the closetcome. (2010).In The read/write head of a JudgeWhen people do not weigh the positives and negatives of the actions they are about to perform, the consequences could result in a venomous record. Think of one person that has neer broken the law. Any luck? intimately likely, the answer is no. Lets be honest it is illegal to drive those ridiculous caution stickers that come on just about anything you purchase. On another(prenominal)(prenominal) note, not all people use their common sense on what go out happen if you stick a part in a toaster or drop a hair baked in the bathtub full of water.The tier is if one does not use precise thinking before they act the consequences could be a lot bigger than anyone may wish for. The cost of something that seems as circumstantial as a speeding slate could always lead to the unexpected. Imagine role-playing a judicial position for a day. At set bump off, it appears to be a piece of cake. here is this giant book of rules and if you break them, you provide get whichever consequence the book says. It is not quite that simple.Decision process.After the first few months on the job as the judges administrative assistant, a very difficult berth came up that dealt with a past relationship betwixt a man and a womanhood and a sexual assault case. The case left the judge and I baffle and not sure on the verdict. He called for a recess, and we took a small-minded while to discuss the nature of the situation. Not all did we use critical thinking, but also, creative thinking. We took out a piece of typography and step-by-step we went through the prove to wrap up how the yarn lines up. Then, we viewed the perspectives of both sides and the jobs of possible scenarios. This was a very difficult situation because both of us knew the man that was being criminate of the crime. After we finished laying out the steps of our critical thinking process, we he nce moved forward to our creative differentiate of mind.How would the outcome of our decision affect others? What volition be accomplished in our decision-making? What behavioural patterns pass on be eliminated? After, writing out all of the details to both sides of the myth and examining possible motives, weconcluded that the defendant was not blameful. There was not enough evidence to prove the defendant guilty and the story of the victim did not add up. The twinge of making these paramount decisions is not a job anyone should wish for.Any faulty decision could affect the life of another private, or worse, more(prenominal) than one person. This is lone(prenominal) one prime example wherefore critical and creative thinking is an important factor in an effective decision-making process. The critical and creative thinking must(prenominal) be used by those who have the ability to determine whether or not an individual is guilty or not guilty and how the guilty will pay fo r the consequences they brought upon themselves. sarcastic and Creative Thinking CharacteristicsWith the variety of free-and-easy challenges that may spontaneously occur, critical and creative thinking is a wise plectrum in the decision-making process for those important choices that must be made. Learning the characteristics of both thinking processes is vital in understanding how to course session critical and creative thinking efficaciously. well-nigh of the characteristics of each will be discussed below. circumstantial thinking.The unbiased study and evaluation of a situation used to form a decision sums up the definition of critical thinking. Some characteristics that identify the clarity of critical thinking are as follows 1) thinking that evolves to an accurate, precise, and depth decision, 2) thinking that develops higher dexterous traits, 3) thought that armed services the thinker recognize the fundamentals of thought that exist in each task, and 4) thinking invo lves the answering of questions before the decision is made. These are just a few characteristics to consider when using critical thinking. To effectively pursue this thought process one must be able logically to connect the fundamentals of each problem (Rusbult, 2008).Creative thinking.According to NC farming University, creative thinking is, the generation of new ideas at heart or across domains of companionship, drawing upon or intentionally breaking with established emblematical rules and procedures. It usually involves the behaviors of preparation, incubation, insight, evaluation, elaboration, and communication (2014). Creative thinkers come up a sum of common characteristics. to each one thinker must contain a solidconscious of self-adequacy and are knifelike on taking risks. We often confer to these as risk takers rather than critical thinkers, but both can be used in specific problem solving.Summary of Intellectual ThinkingIn conclusion, not every important decision in life can be made by critical thinking but are better off using creative thinking to answer the problem. How would you feel if you were in a life or death situation in the hands of a doctor and they contumacious to kick back for a little to assess the situation, define possible negativities and outcomes and thusly compare and contrast them with the positives? You may not be here. Some decisions in life are best prepared ground on creative thinking. However, if one practices critical thinking often, the intellectual ability to garner bigger and wiser choices will develop. These abilities will help the creative state of mind fetch more natural and easier.Hence, why it was more difficult for me to determine the verdict of the effort earlier. Critical and creative thinking requires a higher intellectual ability and confidence. In order to posses these skills, one must be able to ignore the natural instinct(predicate) to protect your personal beliefs. Anyone could be preposter ous critical and creative thinkers need to be ready to face that possibility. After the knowledge of critical and creative thinking, your intellectual thoughts will thicken and create your own knowledge of the world. Rather than seeking the thoughts of others and their assumptions, your brain will provide you with the proper knowledgeable toolkit to propose your own conclusions based on the breeding provided.ReferencesJames, N., Hughes, C., & Cappa, C. (2010). Conceptualising, developing and assessing critical thinking in law. Teaching In Higher Education, 15(3), 285-297.NC State Univeristy. (2014). Critical and Creative Thinking Definitions. alter from John Dewey Richard Paul and Lind Elder Mihaly Csikszentmihalyi, and M.A. Rosenman and J. S. Gero. Retrieved from http//accreditation.ncsu.edu/critical-creative-thinking-definitions.Rusbult, C. (December 2008). Critical Thinking Skills In Education and Life. The American Scientific Affiliation. Retrieved from http//www.asa3.org/ASA /education/think/critical.htmcritical-thinking