A Holistic Approach to Law, Part 1: A Surface and Deep Approach to Studying
A Holistic Approach to Law, Part 1: A Surface and Deep Approach to Studying by Pascal Kurt Gotthardt
*Regarding approaches to studying, whereas in Part 1 we will talk more generally about studying and learning and in Part 2[1] more specifically – on the basis of insights gained in Part 1 – focus on law, it is possible, in a rather broad sense, to differentiate between surface and deep approaches[2]. Students using a surface approach see knowledge as separate pieces of information which have to be memorised whereas such information is not in relation to the students themselves[3]. Learners adopting a surface approach might even feel alienated from the meaningless information which, to speak metaphorically, is imposed upon them by an authority[4]. A surface approach to learning can inter alia be seen in connection with rote learning[5] whereas this strategy is related to a certain conception of knowledge and learning[6]. When we mainly focus on the meaningless memorizing of information we do perceive knowledge as absolute which we have to learn in accordance with what an authority tells us[7]. We just try our best to acquire knowledge by memorizing it[8] and fear to forget it[9].
To promote the surface approach as the leading or rather the general approach at university, cannot be the goal of academic teaching. This, of course, does not mean that strategies related to the surface approach, like rote learning, are not important. Quite on the contrary, students who embrace a deep approach to learning also use tools related to the surface approach in a strategic manner if so needed, for example, in the context of required memorisation of factual information[10]. However, in such cases, such tools are incorporated into a brother deep approach[11]. In different subject areas, like languages or zoology, memorizing and related rote learning is an important part of the learning path[12]. If, however, the surface approach is the leading underlining learning strategy, the academic outcome might be found to be wanting as the embracement of such a conception is related to a limited understanding of information, poor academic results and no long-term knowledge related impact[13]. Generally speaking, the surface approach in itself does not help people to grow personally[14].
In contrast to the surface approach, the deep approach to studying is related to academic success and a thorough understanding of information related to one’s own personality[15]. People acting on the basis of a deep approach wish to provide knowledge with meaning[16]. To be able to provide knowledge with meaning, pieces of information cannot be regarded as independent islands which we are just not allowed to forget, but as knowledge which has to be integrated into a holistic understanding of the world[17]. Regarding the perception of knowledge and related conceptions of learning, people using a deep approach regard knowledge as rather relativistic and see the opportunity that information, seen in the light of logic and reason, can be perceived in different manners whereas an individual stand can be taken[18]. Thus, knowledge can also change a person[19]. However, to be able to see knowledge in such a way, people embracing a deep approach want to understand what they learn[20]. On the basis of intrinsic interest, they want to link information together in a non-static manner which allows to see things in a different manner and to grow personally on the basis of a thorough analysis of information[21].
If we argue that a deep approach to studying as principal strategy is preferable at university[22], we can ask ourselves how we can help students to get from a potential surface approach path in the direction of a deep approach path whereas this might be a long-term endeavour[23]. Arguably, it is important to ‘[e]ncourage reflection’[24], including the ‘reflection on belief systems’[25], to ‘attach relevance and meaning to […] information’[26], to relate meaning to students ‘own personal knowledge or experience’[27], to show how information ‘has meaning in the real world’[28], to ‘focus on students’ personal growth’[29] and to bring ideas together in a holistic manner[30]. It might be reasonable to argue that all the points mentioned in the previous sentence are mutually supportive of each other. Thus, it might inter alia be helpful for students to provide an integrative understanding of information, to present information in such a way that it can be perceived as integrated part of a holistic understanding of the world[31]. We can, of course, on the one hand, just focus on a very small part of the holistic picture and try to present one subject area in a holistic manner or, on the other hand, encourage students to take courses from different disciplines to enable them to have a ‘holistic and interconnected approach to learning’ as this has been done at the National University of Singapore[32].
* Some ideas highlighted in this essay have already been presented during the 2023 Socio-Legal Studies Association Annual Conference on 04 April 2023.
[1] See following blog entry which was not published at the time of writing this blog entry: Pascal Kurt Gotthardt, ‘A holistic approach to law, part 2: theory, legal systems, other fields of studies, research methods and inherent methods/tools’ (Royal Holloway, University of London 2025).
[2] Noel J Entwistle and Elizabeth R Peterson, ‘Chapter 1. Conceptions of learning and knowledge in higher education: Relationships with study behaviour and influences of learning environments’ (2004) 41 International Journal of Educational Research 407, 413-416; Mattia Zingaretti, ‘Learning and teaching approaches in Higher Education: Promoting deep learning through constructive alignment’ (Teaching Matters. Promoting, discussing and celebrating teaching at The University of Edinburgh, 25 November 2021) ˂ https://blogs.ed.ac.uk/teaching-matters/learning-and-teaching-approaches-in-higher-education-promoting-deep-learning-through-constructive-alignment/˃ accessed 01 January 2025; Martyn Stewart, ‘Understanding learning: theories and critique’ in Lynne Hunt and Denise Chalmers (eds), University teaching in focus: a learning-centred approach (Routledge 2012) 17.
[3] Entwistle and Peterson (n 2) 411, 415; Noel Entwistle, Student learning and academic understanding: a research perspective with implications for teaching (Academic Press 2018) 72.
[4] Entwistle (n 3) 72; Entwistle and Peterson (n 2) 415.
[5] Entwistle and Peterson (n 2) 419.
[6] ibid 420.
[7] ibid 409.
[8] ibid.
[9] ibid. 418.
[10] ibid. 408, 410-411, 416.
[11] ibid.
[12] ibid 416.
[13] ibid. 419-420; Zingaretti (n 2); Stewart (n 2) 4-5.
[14] Stewart (n 2) 4.
[15] Entwistle and Peterson (n 2) 419-420; Entwistle (n 3) 72.
[16] Entwistle and Peterson (n 2) 415.
[17] ibid 415-416, 419; Noel Entwistle, Teaching for Understanding at University: Deep Approaches and Distinctive Ways of Thinking (Red Globe Press 2009) 16, 56-57; Entwistle (n 3) 72.
[18] Entwistle and Peterson (n 2) 409, 420.
[19] ibid 415, 420.
[20] ibid 409, 420.
[21] ibid 409, 415, 418-420; Entwistle (n 17) 16; Entwistle (n 3) 72; Richard Bale and Mary Seabrook, Introduction to university teaching (Sage 2021) 33.
[22] Entwistle and Peterson (n 2) 423.
[23] ibid 421-422.
[24] ibid 424. See also Stewart (n 2) 15-16.
[25] Stewart (n 2) 16.
[26] ibid 8-9.
[27] Entwistle (n 17) 128.
[28] Vivien Hodgson, ‘Lectures and the Experience of Relevance’ in Ference Marton, Dai Hounsell and Noel J Entwistle (eds), The Experience of Learning (2nd edn, Scottish Academic Press 1997) 171. See also Entwistle (n 17) 128-129.
[29] Stewart (n 2) 18.
[30] Entwistle (n 17) 56-57.
[31] ibid.
[32] See Yadav Krishna Kumar Rajnath, ‘Institutional Support and Leadership for Transdisciplinary Education’ in Rajendra Kumar, Eng Tek Ong and Tin Lam Toh (eds), Transdisciplinary Approaches to Learning Outcomes in Higher Education (IGI Global 2024) 318. In this context, see also eg Entwistle (n 17) 56-57.
RHUL