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Developing Materials
for Language
Teaching
Also available from Bloomsbury
Advances in Language and Education, edited by Anne McCabe, Mick O’Donnell and
Rachel Whittaker
Language and Education, by M. A. K Halliday (edited by Jonathan J. Webster)
Language, Education and Discourse, edited by Joseph Foley
Language in Education, edited by Rita Elaine Silver and Soe Marlar Lwin
The Grammar Dimension in Instructed Second Language Learning,
edited by Alessandro Benati, Cécile Laval and María J. Arche
Developing Materials
for Language
Teaching
Second Edition
Edited by
Brian Tomlinson
L ON DON • N E W DE L H I • N E W Y OR K • SY DN EY
Bloomsbury Academic
An imprint of Bloomsbury Publishing Plc
www.bloomsbury.com
Brian Tomlinson and contributors have asserted their rights under the Copyright,
Designs and Patent Act, 1988, to be identified as Authors of this work.
eISBN: 978-1-4411-5311-1
Index 545
List of Contributors
T he first edition of this book published in 2003 developed from a realization that
the recent explosion in interest in materials development for language teaching,
both as ‘a field of study and as a practical undertaking’ (Tomlinson, 2001), had not
been adequately catered for by the literature on materials development. A number
of books had dealt with important aspects of materials development and had raised
issues of great significance to the developers and users of language learning materials
(e.g. Sheldon, 1987; McDonough and Shaw, 1993; Byrd, 1995; Hidalgo et al., 1995;
Cunningsworth, 1996; Tomlinson, 1998; Richards, 2001; McGrath, 2002). But no
book had provided a comprehensive coverage of the main aspects and issues in
materials development for language learning. And no book had attempted to view
current practice in materials development through the eyes of developers and users
of materials throughout the world. This is what Developing Materials for Language
Teaching aimed to do. It was designed and written (by native and non-native speakers
of English from eleven different countries) so that it could provide both an overview
of what is happening in the world of materials development for language teaching and
a stimulus for further development and innovation in the field. It included reference
to the teaching of languages other than English (e.g. Italian, Spanish, Japanese) and
offered both objective and critical overviews of current issues in the field as well as
proposals for principled developments for the future. It was written so that it could be
used as a coursebook on teachers’ courses and on postgraduate courses in applied
linguistics, and also to provide stimulus and refreshment for teachers, publishers and
applied linguists in the field. Since this book was first published a number of books
have focused on different aspects of materials development. For example:
●● Johnson (2003) has reported a study of how novice and expert materials
developers approached the writing of a task for a unit of materials.
●● Tomlinson and Masuhara (2004) have provided a practical guide for
teachers engaging in materials development.
●● Tomlinson (2008) has provided a critical survey of different types of
materials and of materials in different parts of the world.
x Preface
However no publication has appeared which aims to provide such complete coverage
of aspects and issues in materials development as Developing Materials for Language
Teaching. This updated second edition of the book aims to provide a similar informative
coverage for participants of teachers’ and post-graduate courses while at the same
time providing stimulus and refreshment for teachers, academics and materials
developers. Many of the chapters have been retained and updated and a number
of new chapters have been added on recent developments in blended learning,
Content and Language Integrated Learning (CLIL), corpus-informed materials, ESOL,
materials for young learners and materials for writing.
Ultimately, ‘It is the language teacher who must validate or refute specific proposals’
for applying linguistic and psycholinguistic theory to language teaching (Chomsky,
1996, p. 46) and it is the language teacher who must validate or refute the materials
which are developed for the language classroom. Widdowson (2000, p. 31) offers
the ‘applied linguist’ as a ‘mediating agent’ who must make ‘insights intelligible in
ways in which their usefulness can be demonstrated’ but Tomlinson (2013) raises
questions about how effective applied linguistics has been in achieving ‘intelligibility’
and ‘usefulness’. In this book, instead of the applied linguist, we offer the informed and
reflective practitioner as the ideal agent for mediating between theory and practice.
Some of the contributors to this book might be labelled teachers, some materials
developers, some applied linguists, some teacher trainers and some publishers. But
all of them share four things in common. They have all had experience as teachers of
a second or foreign language (L2), they have all contributed to the development of L2
materials, they have all kept in touch with developments in linguistic, sociolinguistic
and psycholinguistic theory and they all have respect for the teacher as the person
with the power to decide what actually happens in the language classroom.
This book is dedicated to classroom teachers and teachers in training. It aims to help
them to make decisions about materials for themselves and to help them and others
Preface xi
References
Byrd, P. (1995), Material Writer’s Guide. New York: Heinle and Heinle.
Chomsky, N. (1996), Powers and Prospects: Reflections on Human Nature and the Social
Order. London: Pluto.
Cunningsworth, A. (1995), Choosing Your Coursebook. Oxford: Heinemann.
Gray, J. (2010), The Construction of English: Culture, Consumerism and Promotion in the
ELT Coursebook. Basingstoke: Palgrave Macmillan.
Harwood, N. (ed.) (2010), Materials in ELT: Theory and Practice. Cambridge: Cambridge
University Press.
Hidalgo, A. C., Hall, D. and Jacobs, G. M. (eds) (1995), Getting Started: Materials Writers
on Materials Writing. Singapore: RELC.
Johnson, K. (2003), Designing Language Teaching Tasks. Basingstoke: Palgrave Macmillan.
McDonough, J. and Shaw, C. (1993), Materials and Methods in ELT: A Teacher’s Guide.
London: Blackwell.
McDonough, J., Shaw, C. and Masuhara, H. (2013), Materials and Methods in ELT:
A Teacher’s Guide (3rd edn). London: Blackwell.
McGrath, I. (2002), Materials Evaluation and Design for Language Teaching. Edinburgh:
Edinburgh University Press.
Richards, J. (2001), Curriculum Development in Language Education. Cambridge:
Cambridge University Press.
Sheldon, L. E. (ed.) (1987), ELT Textbooks and Materials: Problems in Evaluation and
Development. ELT Documents 126. London: Modern English Publications/The British
Council.
Tomlinson, B. (ed.) (1998), Materials Development in Language Teaching. Cambridge:
Cambridge University Press.
Tomlinson, B. (2001), ‘Materials development’, in R. Carter and D. Nunan (eds), The
Cambridge Guide to Teaching English to Speakers of Other Languages. Cambridge:
Cambridge University Press, pp. 66–71.
Tomlinson, B. (ed.) (2008), English Language Teaching Materials: A Critical Review.
London: Continuum.
— (ed.) (2011), Materials Development in Language Teaching. Cambridge: Cambridge
University Press.
— (ed.) (2013), Applied Linguistics and Materials Development. London: Bloomsbury.
Tomlinson, B. and Masuhara, H. (eds) (2004), Developing Language Course Materials.
Singapore: RELC Portfolio Series.
— (eds) (2010), Research for Materials Development in Language Learning: Evidence for
Best Practice. London: Continuum.
Widdowson, H. G. (2000), ‘On the limitations of linguistics applied’, Applied Linguistics,
21 (1), 3–25.
Introduction: Are Materials
Developing?
Brian Tomlinson
This book deals with both the aspects of materials development outlined above.
For example, Chapter 4 (Tomlinson) and Chapter 17 (Nation) deal with the principles
and procedures of aspects of the development of materials, Chapter 1 (Tomlinson)
deals with the principles and procedures of the evaluation of materials and Chapter 2
(Saraceni) deals with the principles and procedures of materials adaptation. On the
other hand, for example, Chapters 5 (Singapore Wala) and 26 (Emery) focus on the
actual process of the writing of materials. There is also a third aspect of materials
development which is dealt with in this book, that is the use of materials development
as a means of facilitating and deepening the personal and professional development
of teachers (e.g. Chapters 24 (Tomlinson), 25 (Tomlinson and Masuhara) and 26
(Emery)).
There is a growing inclusion of materials development on courses for teachers:
for example the International Graduate School of English (IGSE) in Seoul runs an MA
in Materials Development for Language Teaching, and MA TESOL/Applied Linguistics
courses throughout the world now include modules on materials development. This is
mainly because of the realization that, ‘Every teacher is a materials developer’ (English
Language Centre, 1997) who needs to be able to evaluate, adapt and produce materials
2 Developing Materials for Language Teaching
so as to ensure a match between their learners and the materials they use. It is also
because of the realization that one of the most effective ways of ‘helping teachers
to understand and apply theories of language learning – and to achieve personal and
professional development – is to provide monitored experience of the process of
developing materials’ (Tomlinson, 2001, p. 67). This concrete experience of developing
materials as a basis for reflective observation and conceptualization enables teachers
to theorize their practice (Schon, 1987).
A fourth aspect of materials development focused on in this book is the use of
materials to actualize new pedagogical or content approaches in ELT. Examples of this
are Chapter 26 (Emery) on materials for Content and Language Integrated Learning
(CLIL), Chapter 9 (Kiddle) on materials exploiting the use of digital aids, Chapter 15
(Hann) on materials for ESOL and Chapter 23 (Timmis) on materials for corpus informed
approaches.
Although a number of chapters in this book focus primarily on one of the four
aspects of materials development described above, many of them deal with two
or even three of these aspects. For example, Chapter 10 (Mishan) examines both
the theories which drive blended learning and their implementation, Chapter 16
(Stranks) looks at both the theories and the practicalities of developing grammar
teaching materials, Chapter 18 (Masuhara) looks at the application of reading research
and theory to the development of coursebook materials for teaching reading, and
Chapter 25 (Tomlinson and Masuhara) considers the theoretical principles of using
simulations for learning, outlines procedures for developing and using simulations and
reflects on actual examples of simulations used on materials development courses for
teachers. In addition, a number of chapters (e.g. Chapter 26 (Emery) and Chapter 22
(Pulverness and Tomlinson)) focus on issues related to the content of materials, as well
as concerning themselves with the application of theory to practice.
and global by Lindsay Clanfield and Rebecca Robb-Benne with Amanda Jeffries were
published). The materials usually take a long time to produce because these days
most of the materials published are courses (supplementary books are generally not
considered profitable enough), because most courses have multiple components
(e.g. Bradfield and Lethaby (2011) has seven components per level) and because the
important review process takes time (though many publishers now save time by not
trialling their materials (Amrani, 2011)). In my experience the result very often is a drop
in creative energy as the process drags on and the eventual publication of competent
but rather uninspiring materials.
My own preference is for a large team approach to writing materials, which aims at
fast first draft production by many people followed by refinement by a smaller group
of experts. This is the procedure that the Namibian and Bilkent projects referred to
above decided to follow. In the writing of the Namibian coursebook, On Target (1996),
30 teachers were selected to provide a team of varying age, experience and expertise
and were then brought from all over the country to Windhoek. On the first day,
I demonstrated some innovative approaches to extend the teachers’ repertoires of
activity types and to stimulate thought and discussion about the principles of language
learning. On the second day, we worked out a flexible framework to use in producing
the materials and made some decisions together about the use of illustrations, music,
cassettes, etc. Then, for four days the teachers wrote and monitored materials in small
teams while a small group of facilitators supported them and cross-checked with the
syllabus. That way we managed to complete the first draft of the whole book in one
week, and then this was trialled, revised, edited and published within the year. In
Bilkent University we followed a similar procedure and 20 teachers in small teams
produced and monitored 60 units within a week for a group of 4 ‘writers’ to select
from, revise and trial.
In both cases described above, the teachers managed to inspire each other with
ideas, to maintain creative energy, to relate their materials to the actual learners who
were going to use them and to suggest useful improvements to each other’s materials.
All this was achieved to a far greater degree than I have ever managed when writing
a coursebook by myself, with a partner or in a small team working at a distance from
each other. And all this was achieved because a large group of enthusiastic teachers
were working together for a short time.
many of the mistakes which are made by writers, publishers, teachers, institutions and
ministries and which can have negative effects on learners’ potential to benefit from
their courses. For ways of achieving this, see Chapters 1 (Tomlinson) and 2 (Saraceni)
in this volume, as well as McGrath (2002), Mukundan and Ahour (2010), Tomlinson
(2012b) and McDonough, Shaw and Masuhara (2013).
I believe that all texts and tasks should be authentic in these ways, otherwise the
learners are not being prepared for the realities of language use. I also believe that
meaningful engagement with authentic texts is a prerequisite for the development of
communicative and strategic competence but that authentic texts can be created by
interactive negotiation between learners as well as presented to them (see Breen and
Littlejohn, 2000, as well as Chapters 2 (Saraceni), 4 (Tomlinson) and 13 (Cives-Enriquez)
in this volume). I also believe, though, that it is useful for learners to sometimes pay
discrete attention to linguistic or discoursal features of authentic texts which they have
previously been engaged by (Tomlinson, 1994, 2007; Bolitho et al., 2003; Chapter 4
(Tomlinson) in this volume).
Other issues
Other issues which have received attention in the literature and which feature in this
book include:
As a result, publishers dare not risk losing vast sums of money on a radically different
type of textbook, they opt for safe, middle-of-the-road, global coursebooks which
clone the features of such best-selling coursebooks as Headway and they cut down on
non-profit-making supplementary materials. Unfortunately this then has a washback
effect on non-commercial materials, as teachers and curriculum developers tend to
imitate the approaches of best-selling coursebooks on the assumption that this must
be what learners and teachers want (though the reality is more likely that the models
are the books which have been promoted most expensively and successfully by their
publishers).
Ten years later I think my words above are still true. There have been a few peripheral
developments such as materials for Content and Integrated Language Learning (e.g.
Coyle et al., 2010), materials for task-based approaches (e.g. Van den Branden, 2006)
and materials which are corpus informed (e.g. McCarthy et al., 2006) but nothing much
else has changed.
There is still some hope of progress, though, and in my list of current trends below
I have listed a number of positive ones:
Positive trends
ll There are some materials requiring investment by the learners in
order for them to make discoveries for themselves from analysis of
samples of language in use (e.g. McCarthy et al., 2006; Bradfield and
Letharby, 2011; Clare and Wilson, 2011). Unfortunately though most of
the current coursebooks inviting discovery just ask the learners to find
predetermined answers rather than to make unexpected discoveries of
their own.
ll There are more materials making use of corpus data reflecting actual
language use (e.g. McCarthy et al., 2006). However, as Timmis (2013)
points out, there are still many coursebooks which deliberately do not
make any use of corpora at all (e.g. Dellar and Walkley, 2005).
ll There are more extensive reader series being produced with fewer linguistic
constraints and more provocative content (e.g. Maley, 2008; Maley and
Prowse, 2013) but, as Maley and Prowse (2013) point out, there has also
been a disturbing trend for publishers to add comprehension questions to
their extensive readers, thus ironically promoting intensive reading.
ll There has been a very noticeable and welcome increase in attempts to
personalize the learning process by getting learners to relate topics and
texts to their own lives, views and feelings (e.g. Clanfield and Benn, 2010;
Bradfield and Letharby, 2011; Clare and Wilson, 2011).
ll There is an increase in attempts to gain the affective engagement
of learners (Tomlinson, 2010, 2011) by involving them in tasks which
Introduction 11
encourage the expression of feelings but there has also been a decline
in the number of texts likely to stimulate affective engagement (see
Tomlinson and Masuhara, 2013).
ll There is an increasing use of the internet as a source of current, relevant
and appealing texts. For information about and examples of this trend see
Kervin and Derewianka, 2011; Motteram, 2011; Levy, 2012; Reinders, 2012;
McDonough, Shaw and Masuhara, 2013; Tomlinson and Whittaker, 2013;
and Chapters 4 (Tomlinson), 9 (Kiddle) and 10 (Mishan) in this book.
ll There is evidence of a movement away from spoken practice of written
grammar and towards experience of spoken grammar in use (e.g. Dellar
and Walkley, 2005; McCarthy et al., 2006).
ll There is a considerable increase in the number of ministries (e.g. in
Belarus, Bulgaria, Columbia; Ethiopia, India, Iran, Morocco, Namibia,
Romania, Russia and Uzbekistan) and institutions (e.g. Bilkent University
in Ankara; the University of Hue; Sultan Qaboos University, Muscat) which
have decided to produce their own locally relevant materials (see Busaidi
and Tindle, 2010; Tomlinson, 2012b).
Negative trends
ll There is an even more pronounced return to the ‘central place of
grammar in the language curriculum’ (Soars and Soars, 1996), which
contradicts what my own confidential research for a British publisher
revealed about the needs and wants of learners and teachers and
which goes against many of the findings of second language acquisition
research (Ellis, 2010; Tomlinson, 2010, 2011, 2013; Tomlinson and
Masuhara, 2013).
ll There is still a far greater prominence given in coursebooks to listening
and speaking than to reading and writing (Tomlinson et al., 2001; Masuhara
et al., 2008).
ll There is an assumption that most learners have short attention spans, can
only cope with very short reading and writing texts and will only engage in
activities for a short time.
ll There seems to be an assumption that learners do not want and would not
gain from intellectually demanding activities while engaged in language
learning.
ll There is a neglect (or sometimes an abuse) of literature in coursebooks,
despite its potential as a source of stimulating and engaging texts and
despite the many claims of methodologists for the potential value and
12 Developing Materials for Language Teaching
MATSDA
MATSDA (the Materials Development Association) is an association founded in 1993 by
Brian Tomlinson, which is dedicated to improving the future for materials development.
It runs conferences and workshops on materials development and produces a journal,
Folio, twice a year, which provides a forum for the discussion of materials development
issues and a channel for the dissemination of new ideas and materials. Recently,
for example, MATSDA held a Conference at the University of Limerick on Applied
Linguistics and Materials Development and Conferences at the University of Liverpool
on New Ideas for Language Materials and Enjoying to Learn: the Best Way to Acquire
a Language? Other Conferences have been held in recent years in Belfast, Dublin,
Japan, Singapore, South Africa, the United States and York.
Anybody who is interested in joining MATSDA should contact the secretary,
Hitomi Masuhara (hitomi.masuhara@gmail.com) and anybody who would like more
information about MATSDA activities should contact the President, Brian Tomlinson
(brianjohntomlinson@gmail.com).
References
Al-Busaidi, S. and Tindle, K. (2010), ‘Evaluating the impact of in-house materials on
language learning’, in B. Tomlinson and H. Masuhara (eds), Research for Materials
Development for Language Teaching: Evidence for Best Practice. London: Continuum,
pp. 137–49.
Amrani, F. (2011), ‘The process of evaluation; a publisher’s view’, in B. Tomlinson (ed.),
Materials Development in Language Teaching (2nd edn). Cambridge: Cambridge
University Press, pp. 267–95.
Ariew, R. (1982), ‘The textbook as curriculum’, in T. Higgs (ed.), Curriculum Competence
and the Foreign Language Teacher. Lincolnwood, IL: National Textbook Company,
pp. 11–34.
Bacon, S. M. and Finneman, M. D. (1990), ‘A study of the attitudes, motives and strategies
of university foreign language students and their disposition to authentic oral and
written input’, Modern Language Journal, 74 (4), 459–73.
Banegas, D. L. (2011), ‘Teaching more than English in secondary education’, ELT Journal,
65 (1), 80–2.
Bell, J. and Gower, R. (2011), ‘Writing course materials for the world: a great compromise’,
in B. Tomlinson (ed.), Materials Development in Language Teaching (2nd edn).
Cambridge: Cambridge University Press, pp. 135–50.
14 Developing Materials for Language Teaching
Bolitho, R. (2008), ‘Materials used in Central and Eastern Europe and the former Soviet
Union’, in B. Tomlinson (ed.), English Language Learning Materials: A Critical Review.
London: Continuum, pp. 213–22.
Bolitho, R. and Tomlinson, B. (2005), Discover English (2nd edn). Oxford: Macmillan.
Bolitho, R., Carter, R., Hughes, R., Ivanic, R., Masuhara, H. and Tomlinson, B. (2003), ‘Ten
questions about language awareness’, ELT Journal, 57 (2), 251–9.
Bradfield, B. and Lethaby, C. (2010), The Big Picture. Oxford: Richmond.
Breen, M. P. and Littlejohn, A. (eds) (2000), Classroom Decision-Making: Negotiation and
Process Syllabuses in Practice. Cambridge: Cambridge University Press.
British Council (2008), Teaching English: Course Books. London: British Council.
Carter, R. A. and McCarthy, M. J. (1997), Exploring Spoken English. Cambridge:
Cambridge University Press.
Clanfield, L. and Robb-Benne, R. with Jeffries, A. (2010), Global. Oxford: Macmillan.
Clare, A. and Wilson, J. J. (2010), Speakout Intermediate. Harlow: Pearson.
Coyle, D., Hood, P. and Marsh, D. (2010), Content and Language Integrated Learning.
Cambridge: Cambridge University Press.
Day, R. (2003), ‘Authenticity in the design and development of materials’, in
W. A. Renandya (ed.), Methodology and Materials Design in Language Teaching:
Current Perceptions and Practices and their Implication. Singapore: RELC, pp. 1–11.
Day, R. and Bamford, J. (1998), Extensive Reading in the Second Language Classroom.
Cambridge: Cambridge University Press.
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Durban, South Africa.
Fox, G. (1998), ‘Using corpus data in the classroom’, in B. Tomlinson (ed.), Materials
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Haines, S. and Stewart, B. (2000), Landmark. Oxford: Oxford University Press.
Hutchinson, T. and Torres, E. (1994), ‘The textbook as an agent of change’, ELT Journal, 48
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Introduction 15
Lazar, G. (1993), Literature and Language Teaching: A Guide for Teachers and Trainers.
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competence of Tunisian university students’, in B. Tomlinson and H. Masuhara (eds),
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Practice. London: Continuum, pp. 67–82.
Masuhara, H. (2011), ‘What do teachers really want from coursebooks?’, in B. Tomlinson
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Masuhara, H., Hann, M., Yi, Y. and Tomlinson, B. (2008), ‘Adult EFL courses’, ELT Journal,
62 (3), 294−312.
McCarthy, M. J., McCarten, J. and Sandiford, H. (2006), Touchstone. Student’s Book 3.
Cambridge: Cambridge University Press.
McDonough, J., Shaw, C. and Masuhara, H. (2013), Materials and Methods in ELT: A
Teacher’s Guide (3rd edn). London: Blackwell.
McGowen, B., Richardson, V., Forsyth, W. and Naunton, J. (2000), Clockwise. Oxford:
Oxford University Press.
McGrath, I. (2002), Materials Evaluation and Design for Language Teaching. Edinburgh:
Edinburgh University Press.
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Teaching. Peaslake: Delta.
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in B. Tomlinson (ed.), Materials Development for Language Teaching (2nd edn),
pp. 303–27.
Mukundan, J. (2009), ‘Are there really good reasons as to why textbooks should exist?’
in J. Mukundan (ed.), Readings on ELT Materials III. Petaling Jaya: Pearson Malaysia,
pp. 92–100.
Mukundan, J. and Ahour, T. (2010), ‘A review of textbook evaluation checklists across four
decades (1970–2008)’, in B. Tomlinson and H. Masuhara (eds), Research for Materials
Development in Language Learning: Evidence for Best Practice. London: Continuum,
pp. 336–52.
On Target (1996), Windhoek: Gamsberg Macmillan.
Parish, J. (1995), ‘Multi-media and language learning’, Folio, 2 (1), 4–6.
Park, H. (2010), ‘Process drama in the Korean EFL secondary classroom: A case study of
Korean middle-school classrooms’, in B. Tomlinson and H. Masuhara (eds), Research
for Materials Development for Language Teaching: Evidence for Best Practice. London:
Continuum, pp. 155–71.
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16 Developing Materials for Language Teaching
— (2011), ‘How writers write: testimony from authors’, in B. Tomlinson (ed.), Materials
Development in Language Teaching. Cambridge: Cambridge University Press,
pp. 151–73.
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In addition to the above resolution, the General Assembly of
Virginia “appealed to the other states, in the confidence that they
would concur with that commonwealth, that the acts aforesaid [the
alien and sedition laws] are unconstitutional, and that the necessary
and proper measures would be taken by each for co-operating with
Virginia in maintaining unimpaired the authorities, rights, and
liberties reserved to the states respectively, or to the people.”
The legislatures of several of the New England States, having,
contrary to the expectation of the legislature of Virginia, expressed
their dissent from these doctrines, the subject came up again for
consideration during the session of 1799, 1800, when it was referred
to a select committee, by whom was made that celebrated report
which is familiarly known as “Madison’s Report,” and which deserves
to last as long as the constitution itself. In that report, which was
subsequently adopted by the legislature, the whole subject was
deliberately re-examined, and the objections urged against the
Virginia doctrines carefully considered. The result was, that the
legislature of Virginia reaffirmed all the principles laid down in the
resolutions of 1798, and issued to the world that admirable report
which has stamped the character of Mr. Madison as the preserver of
that constitution which he had contributed so largely to create and
establish. I will here quote from Mr. Madison’s report one or two
passages which bear more immediately on the point in controversy.
“The resolutions, having taken this view of the federal compact,
proceed to infer ‘that in case of a deliberate, palpable, and dangerous
exercise of other powers the states who are parties thereto have the
right, and are in duty bound, to interpose for arresting the progress
of the evil, and for maintaining, within their respective limits, the
authorities, rights, and liberties appertaining to them.’”
“It appears to your committee to be a plain principle, founded in common sense,
illustrated by common practice, and essential to the nature of compacts, that,
where resort can be had to no tribunal superior to the authority of the parties, the
parties themselves must be the rightful judges in the last resort, whether the
bargain made has been pursued or violated. The constitution of the United States
was formed by the sanction of the states, given by each in its sovereign capacity. It
adds to the stability and dignity, as well as to the authority, of the constitution, that
it rests upon this legitimate and solid foundation. The states, then, being the
parties to the constitutional compact, and in their sovereign capacity, it follows of
necessity that there can be no tribunal above their authority, to decide, in the last
resort, whether the compact made by them be violated, and consequently that, as
the parties to it, they must decide, in the last resort, such questions as may be of
sufficient magnitude to require their interposition.”
“The resolution has guarded against any misapprehension of its object by
expressly requiring for such an interposition ‘the case of a deliberate, palpable, and
dangerous breach of the constitution, by the exercise of powers not granted by it.’
It must be a case, not of a light and transient nature, but of a nature dangerous to
the great purposes for which the constitution was established.
“But the resolution has done more than guard against misconstructions, by
expressly referring to cases of a deliberate, palpable, and dangerous nature. It
specifies the object of the interposition, which it contemplates, to be solely that of
arresting the progress of the evil of usurpation, and of maintaining the authorities,
rights, and liberties appertaining to the states, as parties to the constitution.
“From this view of the resolution, it would seem inconceivable that it can incur
any just disapprobation from those who, laying aside all momentary impressions,
and recollecting the genuine source and object of the federal constitution, shall
candidly and accurately interpret the meaning of the General Assembly. If the
deliberate exercise of dangerous powers, palpably withheld by the constitution,
could not justify the parties to it in interposing even so far as to arrest the progress
of the evil, and thereby to preserve the constitution itself, as well as to provide for
the safety of the parties to it, there would be an end to all relief from usurped
power, and a direct subversion of the rights specified or recognized under all the
state constitutions, as well as a plain denial of the fundamental principles on which
our independence itself was declared.”
But, sir, our authorities do not stop here. The state of Kentucky
responded to Virginia, and on the 10th of November, 1798, adopted
those celebrated resolutions, well known to have been penned by the
author of the Declaration of American Independence. In those
resolutions, the legislature of Kentucky declare, “that the
government created by this compact was not made the exclusive or
final judge of the extent of the powers delegated to itself, since that
would have made its discretion, and not the constitution, the
measure of its powers; but that, as in all other cases of compact
among parties having no common judge, each party has an equal
right to judge, for itself, as well of infractions as of the mode and
measure of redress.”
At the ensuing session of the legislature, the subject was re-
examined, and on the 14th of November, 1799, the resolutions of the
preceding year were deliberately reaffirmed, and it was, among other
things, solemnly declared,—
“That, if those who administer the general government be permitted to
transgress the limits fixed by that compact, by a total disregard to the special
delegations of power therein contained, an annihilation of the state governments,
and the erection upon their ruins of a general consolidated government, will be the
inevitable consequence. That the principles of construction contended for by
sundry of the state legislatures, that the general government is the exclusive judge
of the extent of the powers delegated to it, stop nothing short of despotism; since
the discretion of those who administer the government, and not the constitution,
would be the measure of their powers. That the several states who formed that
instrument, being sovereign and independent, have the unquestionable right to
judge of its infraction, and that a nullification, by those sovereignties, of all
unauthorized acts done under color of that instrument, is the rightful remedy.”
Time and experience confirmed Mr. Jefferson’s opinion on this all
important point. In the year 1821, he expressed himself in this
emphatic manner: “It is a fatal heresy to suppose that either our state
governments are superior to the federal, or the federal to the state;
neither is authorized literally to decide which belongs to itself or its
copartner in government; in differences of opinion, between their
different sets of public servants, the appeal is to neither, but to their
employers peaceably assembled by their representatives in
convention.” The opinion of Mr. Jefferson on this subject has been so
repeatedly and so solemnly expressed, that they may be said to have
been the most fixed and settled convictions of his mind.
In the protest prepared by him for the legislature of Virginia, in
December, 1825, in respect to the powers exercised by the federal
government in relation to the tariff and internal improvements,
which he declares to be “usurpations of the powers retained by the
states, mere interpolations into the compact, and direct infractions of
it,” he solemnly reasserts all the principles of the Virginia
Resolutions of ’98, protests against “these acts of the federal branch
of the government as null and void, and declares that, although
Virginia would consider a dissolution of the Union as among the
greatest calamities that could befall them, yet it is not the greatest.
There is one yet greater—submission to a government of unlimited
powers. It is only when the hope of this shall become absolutely
desperate, that further forbearance could not be indulged.”
In his letter to Mr. Giles, written about the same time, he says,—
“I see as you do, and with the deepest affliction, the rapid strides with which the
federal branch of our government is advancing towards the usurpation of all the
rights reserved to the states, and the consolidation in itself of all powers, foreign
and domestic, and that too by constructions which leave no limits to their powers,
&c. Under the power to regulate commerce, they assume, indefinitely, that also
over agriculture and manufactures, &c. Under the authority to establish post roads,
they claim that of cutting down mountains for the construction of roads, and
digging canals, &c. And what is our resource for the preservation of the
constitution? Reason and argument? You might as well reason and argue with the
marble columns encircling them, &c. Are we then to stand to our arms with the
hot-headed Georgian? No; [and I say no, and South Carolina has said no;] that
must be the last resource. We must have patience and long endurance with our
brethren, &c., and separate from our companions only when the sole alternatives
left are a dissolution of our Union with them, or submission. Between these two
evils, when we must make a choice, there can be no hesitation.”
Such, sir, are the high and imposing authorities in support of “The
Carolina doctrine,” which is, in fact, the doctrine of the Virginia
Resolutions of 1798.
Sir, at that day the whole country was divided on this very
question. It formed the line of demarcation between the federal and
republican parties; and the great political revolution which then took
place turned upon the very questions involved in these resolutions.
That question was decided by the people, and by that decision the
constitution was, in the emphatic language of Mr. Jefferson, “saved
at its last gasp.” I should suppose, sir, it would require more self-
respect than any gentleman here would be willing to assume, to treat
lightly doctrines derived from such high resources. Resting on
authority like this, I will ask gentlemen whether South Carolina has
not manifested a high regard for the Union, when, under a tyranny
ten times more grievous than the alien and sedition laws, she has
hitherto gone no further than to petition, remonstrate, and to
solemnly protest against a series of measures which she believes to
be wholly unconstitutional and utterly destructive of her interests.
Sir, South Carolina has not gone one step further than Mr. Jefferson
himself was disposed to go, in relation to the present subject of our
present complaints—not a step further than the statesman from New
England was disposed to go, under similar circumstances; no further
than the senator from Massachusetts himself once considered as
within “the limits of a constitutional opposition.” The doctrine that it
is the right of a state to judge of the violations of the constitution on
the part of the federal government, and to protect her citizens from
the operations of unconstitutional laws, was held by the enlightened
citizens of Boston, who assembled in Faneuil Hall, on the 25th of
January, 1809. They state, in that celebrated memorial, that “they
looked only to the state legislature, who were competent to devise
relief against the unconstitutional acts of the general government.
That your power (say they) is adequate to that object, is evident from
the organization of the confederacy.”
A distinguished senator from one of the New England States, (Mr.
Hillhouse,) in a speech delivered here, on a bill for enforcing the
embargo, declared, “I feel myself bound in conscience to declare,
(lest the blood of those who shall fall in the execution of this measure
shall be on my head,) that I consider this to be an act which directs a
mortal blow at the liberties of my country—an act containing
unconstitutional provisions, to which the people are not bound to
submit, and to which, in my opinion, they will not submit.”
And the senator from Massachusetts himself, in a speech delivered
on the same subject in the other house, said, “This opposition is
constitutional and legal; it is also conscientious. It rests on settled
and sober conviction, that such policy is destructive to the interests
of the people, and dangerous to the being of government. The
experience of every day confirms these sentiments. Men who act
from such motives are not to be discouraged by trifling obstacles, nor
awed by any dangers. They know the limit of constitutional
opposition; up to that limit, at their own discretion, they will walk,
and walk fearlessly.” How “the being of the government” was to be
endangered by “constitutional opposition” to the embargo, I leave
the gentleman to explain.
Thus it will be seen, Mr. President, that the South Carolina
doctrine is the republican doctrine of ’98—that it was promulgated
by the fathers of the faith—that it was maintained by Virginia and
Kentucky in the worst of times—that it constituted the very pivot on
which the political revolution of that day turned—that it embraces
the very principles, the triumph of which, at that time, saved the
constitution at its last gasp, and which New England statesmen were
not unwilling to adopt, when they believed themselves to be the
victims of unconstitutional legislation. Sir, as to the doctrine that the
federal government is the exclusive judge of the extent as well as the
limitations of its powers, it seems to me to be utterly subversive of
the sovereignty and independence of the states. It makes but little
difference, in my estimation, whether Congress or the Supreme
Court are invested with this power. If the federal government, in all,
or any, of its departments, is to prescribe the limits of its own
authority, and the states are bound to submit to the decision, and are
not to be allowed to examine and decide for themselves, when the
barriers of the constitution shall be overleaped, this is practically “a
government without limitation of powers.” The states are at once
reduced to mere petty corporations, and the people are entirely at
your mercy. I have but one word more to add. In all the efforts that
have been made by South Carolina to resist the unconstitutional laws
which Congress has extended over them, she has kept steadily in
view the preservation of the Union, by the only means by which she
believes it can be long preserved—a firm, manly, and steady
resistance against usurpation. The measures of the federal
government have, it is true, prostrated her interests, and will soon
involve the whole south in irretrievable ruin. But even this evil, great
as it is, is not the chief ground of our complaints. It is the principle
involved in the contest—a principle which, substituting the discretion
of Congress for the limitations of the constitution, brings the states
and the people to the feet of the federal government, and leaves them
nothing they can call their own. Sir, if the measures of the federal
government were less oppressive, we should still strive against this
usurpation. The south is acting on a principle she has always held
sacred—resistance to unauthorized taxation. These, sir, are the
principles which induced the immortal Hampden to resist the
payment of a tax of twenty shillings. Would twenty shillings have
ruined his fortune? No! but the payment of half twenty shillings, on
the principle on which it was demanded, would have made him a
slave. Sir, if acting on these high motives—if animated by that ardent
love of liberty which has always been the most prominent trait in the
southern character—we should be hurried beyond the bounds of a
cold and calculating prudence, who is there, with one noble and
generous sentiment in his bosom, that would not be disposed, in the
language of Burke, to exclaim, “You must pardon something to the
spirit of liberty?”
Webster’s Great Reply to Hayne,