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Donita Written Report
Donita Written Report
Concepts are the building blocks of legal doctrine. All legal rules and standards, in fact,
are formed by combining concepts in different ways. But despite their centrality, legal concepts
are not well understood. There is no agreement as to what makes a legal concept useful or
ineffective—worth keeping or in need of revision. Social scientists, however, have developed a
set of criteria for successful concepts. Of these, the most important is measurability: the ability,
at least in principle, to assess a concept with data. In this Essay, we apply the social scientific
criteria to a number of concepts and conceptual relationships in American constitutional law. We
show that this field includes both poor and effective concepts and conceptual links. We also
explain how the examples of poor concepts could be improved.
A common contrast, first articulated in Professor H.L.A. Hart’s classic The Concept of
Law, is between an “external” or social scientific view of law and an “internal” view, which
emphasizes law’s normativity.1 The so-called external view of law, in which law is conceived of
as being essentially predictions about what courts will do, dates back at least to Justice Oliver
Wendell Holmes and arguably to John Austin or Montesquieu.2 The internal view is that adopted
by participants within the legal system, be they judges, litigants, or lawyers, and includes all the
normative and doctrinal considerations that inform legal decisions.
Legal scholarship has moved in an overtly empirical direction in recent years, and,
arguably, there has been some improvement in our external understanding of legal phenomena.3
The technology for making Holmesian predictions has improved dramatically, largely because of
developments in the social sciences. Consequently, the external view has made great strides in
many areas of legal scholarship, and some critics argue that it has eroded attention to the internal
view.4 Yet the two are also closely linked.
In this Essay, we argue that social science can inform an internal view of law by
improving the formation and linkage of legal concepts. The social science literature on
conceptualization and measurement is vast, particularly in political science, psychology, and
sociology.5 Yet its insights have been largely ignored by lawyers, notwithstanding some
similarities to the architecture of legal thought. Law, after all, involves language organized into
concepts, structured in a way that lawyers can deploy them. Concepts are the very bread and
butter of daily life, and, of course, of law as well. Negligence, a taking, promissory estoppel,
strict scrutiny—each of these is a formulation that involves a particular conceptual structure and
helps to shape the way lawyers approach legal problems. Our argument is that examining legal
doctrines with the same rigorous scrutiny that social scientists apply to their own efforts can
yield insights into what is a useful legal concept or relationship. And we further suggest this will
advance efforts at refinement within the law. We deploy several examples from constitutional
law to illustrate our claim, but the implications are more general.
Before proceeding, let us be clear that, notwithstanding the title of our Essay, this is not a
work of jurisprudence. We are not interested, as Hart was, in the concept of law itself.6 We set
aside the question of what law is, as well as the relative roles of natural law or positivist
approaches to that question.7 Rather, we are interested in the way law uses concepts. Although
we have made significant advances in our predictive understanding of judicial behavior, there has
been little effort to apply the same insight to the articulation of the law itself. Our effort provides
an external vantage point from which to assess the law’s conceptual apparatus, which in turn
might inform the law’s normative development.
Note also that we are not grappling with nonlegal concepts that are often deployed within
the law. Obviously, law seeks to advance values, like justice, fairness, or democracy, that are not
themselves inherently legal in character. These values provide benchmarks against which legal
systems can be measured, and might themselves be subjected to social science scrutiny.8 But
these are not themselves legal concepts in our view, even if they are used to motivate legal
intervention.
The Essay is organized as follows. First, we provide a sketch of the social science
literatures on conceptualization and measurement. We emphasize the desiderata of a good social
science concept, one of which is that the concept should in principle be subject to empirical
evaluation. Next, we consider the relationships between concepts, which we argue are a central
feature of the law. At the most basic level, the application of any legal test is assumed to advance
another concept, like justice or deterrence. Internally, within the law, concepts are also building
blocks of legal rules, and can be bundled together in various ways.9 Our argument is that these
links are most useful when empirically verifiable, at least in principle. The next Part provides a
series of examples, drawn primarily from constitutional law, though our claim is more general.
These examples cover both concepts and conceptual relationships, and both poor and effective
cases. We conclude with a brief discussion of implications and extensions.
Reference: https://lawreview.uchicago.edu/publication/concepts-law
Definition of sport used in the dictionary says: SPORT is an outdoor or indoor game,
competition, or activity needing physical effort and skill and usually carried on according to
rules.
Some people say that sport is a physical activity governed by rules and played by individuals
seeking to outperform opponents, while others can understand sport as organized spontaneous
exercises or games, or as a competitive or non-competitive process through which an individual
obtains physical skills, mental relaxation and bodily fitness.
Sport gives people enjoyment, happiness, friendship, satisfaction, health, fitness, popularity,
recognition, the feeling of victory and success, but on the other hand, it may be boring, cause
sadness, sorrow, disappointment, fatigue, exhaustion, injuries, illness, and in some cases even
death.
CATEGORIZATION OF SPORT
Sport can be categorized from various standpoints. We can distinguish various categories in sport
activities according to:
the purpose, aim or objective of the sport: 1) recreational sport/ sport for all, competitive sport,
elite sport/ top performance sport, 2) amateur sport, professional sport
the sport facility or environment used: e.g. indoor sports, outdoor sports, water sports,
underwater sports, aquatics, air sports, sports on the ice, track and field events in athletics, street
sports, school sport
the equipment or gear used: e.g. racquet sports/ games, technical sports, motor sports, cycling
sports, skiing sports, para sports, ball games, goal games, equestrian (horse riding), shooting
sports
the abilities and health of participants: sport for the disabled
the number of participants: individual sport, team sport
the sex (gender) of participants: men’s/ male sport, women’s/ female sport
the age of participants: sport of children, junior sport, senior sport, sport of veterans
the participants’ approach to sport: active sport, passive sport (spectators)
the required courage, physical exertion and highly specialized gear: extreme sports, action sports,
adrenaline sports
the usual, typical or prevailing season of practising the sport: summer sports, winter sports, all-
season sports
the regional criteria: local sport, regional sport, national sport, traditional sport, Olympic sport,
worldwide/ global sports
the importance, popularity and publicity in media: major sports, minor sports
the way of performance: contact sports, combat sports, Martial arts
ACTIVE AND PASSIVE SPORT
Besides taking an active part in sport, it is also possible just to watch sport events as a spectator
or TV watcher, or to play the pools, which means to bet money on certain sport results. Passive
sport is also important because spectators and fans can encourage sportsmen and players and
help improve so their performance. Spectators can be one of the income sources for sport clubs
too. However, there are many problems with different groups of fans who arrive at stadiums,
especially those that support particular football clubs. Some groups are called e.g. Hooligans.
Active sport is either recreational or competitive and top performance.
RECREATIONAL, COMPETITIVE AND ELITE SPORT
Recreational sport is also called sport for all and is done for various purposes, but mainly for fun
and entertainment in leisure time. An increasing number of people are becoming health-
conscious and do recreational sport activities and various keep-fit exercises to maintain or
improve their physical as well as mental fitness and health, to affect their flexibility, to
strengthen their muscles and shape the body, to delay ageing symptoms, etc. Some people desire
to learn new skills or experience new feelings through sport activities. Some people might have
social reasons for their participation in sport including the need of integration, friendship, team
work, support, recognition etc.
Competitive sport is done mainly for performance, for achieving good results in competitions,
defeating opponents and becoming the winner or record holder. People who do competitive sport
train hard and regularly and participate in various forms of competition. They are organised and
belong to different sport teams, clubs, associations or federations. The highest level of
competitive sport is elite sport (top performance sport). Elite athletes must sacrifice almost
everything to their sport. It lasts many years to become an excellent sportsman. Such a process
means years of hard everyday training, effort and drudgery, years of pain and stress as well.
Financial and social background is a necessity. Elite athletes are often professionals who make
living through sport. They follow principles of sport training to make progress, including various
regeneration programmes. The elite sport is linked with a serious problem – doping, the use of
illegal substances to improve performance.
AMATEUR AND PROFESSIONAL SPORT
Amateur sportsmen take part in sport because of the enjoyment and satisfaction gained from the
activity. They train and compete in their leisure time, usually after work or at weekends. They are
not paid for that.
Professional sport is a paid form of participation in sport events. Professional athletes make
living through sport, do sport as a job, are paid to compete in sport. Winning and success are the
most important things. The more successful professionals are the more money they earn. They
usually train full-time and devote themselves to their sport. They sign contracts with different
organisations or firms, have to train properly, participate in competitions, promote the employer
or his/her products, take part in press conferences, advertising campaigns, etc.
The international governing bodies of each sport draw up rules to decide who is amateur in their
sport. They decide if professionals may compete with amateurs.
SPORT COMPETITION
It is an organized sport event in which participants – competitors want to become winners, strive
to achieve the best possible results, to show an excellent performance, to beat opponents, to set
or break records, or want to test their abilities and skills and compare them with those of the
other competitors. Those who enter for a competition are obliged to keep (observe) the rules.
Breaking (violating) the rules is penalized or punished in various ways.
Officials are people who conduct competitions, assess performances of competitors, referee
games, decide the result of a competition. They are called different names, such as referees,
judges, or umpires. The referee is used in connection with e.g. basketball, boxing, football,
hockey, rugby, squash, and wrestling. The umpire acts in badminton, baseball, cricket,
swimming, tennis, and volleyball. There is a panel of judges in sports like gymnastics or figure
skating.
Competitions have various forms with respect to particular sport areas. We speak about races in
athletics, cycling or skiing, players and teams play matches, participate in tournaments, leagues,
or cups, horse riders or motor-bikers have their trophies, motor racers compete in rallies,
windsurfers, yachtsmen and rowmen take part in regattas, boxers fight in bouts, the name combat
or contest is used in some combat sports, etc. Major competitions are called championships.
SCHOOL PHYSICAL EDUCATION AND SPORT
Physical Education (PE) was derived from the Latin words “physica”, physics, and “educatio”,
education, meaning the training of the bodily organs and powers with a view to the promotion of
health and vigour.
The Article One of the UNESCO International Charter of Physical Education and Sports says
that freedom to develop physical, intellectual and moral powers through physical education and
sport must be guaranteed both within the educational system and in other aspects of social life.
The main goals that the PE program should strive to accomplish concern four areas. The PE
curriculum should 1) develop health-related and motor performance-related fitness, 2) develop
skill in activities, 3) develop an understanding and appreciation of physical activity, and 4)
provide a meaningful psycho-social experience.
Factors that influence PE program development:
the community,
state legislation,
research,
professional organizations,
attitudes of managers, school or faculty, students, and consumers,
facilities and equipment,
scheduling classes,
class size,
physical education and coaching staff,
climate and geographical considerations,
social forces,
economic issues.
Reference:
http://web.ftvs.cuni.cz/eknihy/jazyky/sportstudiesfundamentalterminologyinenglish/Texts/2-
Concept.html
Technical-Vocational-Livelihood track will equip you with job-ready skills in the future.
This track also invests primarily on skills that can gain you requisite COCs (Certificates of
Competency) and NCs (National Certifications) which would be essential when looking for
better career opportunities in agriculture, electronics, and trade. This is also important when
applying abroad where the skills you gain would prepare you as you join the workforce.
Also, according to the Department of Education, the TVL specializations may be taken between
Grades 9 to 12. Exploratory Subjects at 40 hours per quarter are taken during Grades 7 to 8.
Just like in the Academic Track, there are four strands you can choose from to make sure that
you will go with your right fit.
Reference: https://www.edukasyon.ph/courses/senior-high-tracks/tvl
Home economics, domestic science or home science is a field of study[1] that deals with the
relationship between individuals, families, communities, and the environment in which they live.
Home economics courses are offered internationally and across multiple educational levels.
Home economics courses have been important throughout history because it gave women the
opportunity to pursue higher education and vocational training in a world where only men were
able to learn in such environments. In modern times, home economics teaches both men and
women important life skills, such as cooking, sewing, and finances. With the stigma the term
“home economics” has earned over the years, the course is now often referred to by different
terms, such as “family and consumer science.” [2]
Reference: https://en.wikipedia.org/wiki/Home_economics