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![how should we (re-)frame it?
• Mediation enables communication and representation of meaning, involving
artefacts, processes and culture:
The arrival of new information and communication technologies led to a
belief that we witnessed a decrease of the importance of mediation and the
arrival of abundance. Yet, instead of the widely predicted process of
disintermediation that was supposed to accompany emerging technologies,
we are currently forced to confront a process of reintermediation, marked by
new actors and methods of disseminating information and framing reality.
[…] We are only on the verge of understanding what the social implications of
the new mediating forces might be […]
(Verhulst 2005)
• Disintermediation is a process or symptom within much deeper cultural change.](https://image.slidesharecdn.com/sls2016disintermediationpresentationv-160908221519/75/SLS-2016-Disintermediation-presentation-9-2048.jpg)
![Evidence? See LETR BIALL interview…
‘[Trainees] appeared to be generally unfamiliar with paper-based resources
by comparison with digital resources. In addition they noted that trainees
seemed to depend on one-hit-only searching: in other words they did not
check thoroughly and contextually around their findings. They used Google
extensively and their searches tended to be shallow and brief. Trainees
were also increasingly unable to distinguish between the genres of legal
research tools – the difference between an encyclopaedia and a digest, for
example. They seemed to lack persistence and diligence in searching, as well
as organization. These values, that underlay the learning outcomes of the
LILT document, needed to be worked on by students. The group were
unanimous in their opinion that many academics shared the weaknesses of
students and trainees in this regard.’](https://image.slidesharecdn.com/sls2016disintermediationpresentationv-160908221519/75/SLS-2016-Disintermediation-presentation-19-2048.jpg)
![• ‘The law degree was an apprenticeship of content, not of process.
• Over the last few decades the law curriculum had become ever more crowded
with more core content and extra options.
• Part of the solution to crowded curricula was better design. In particular,
academic staff needed to design with library staff in joint activities. Library staff,
in other words, needed to be more at the heart of the educational design process
with academic staff, and involved in teaching, learning and assessment. […]
• Following on from this, regulators needed to recognize the changing role of law
librarians as legal educators. Currently librarians are classified occupationally in
many institutions as ‘Clerical Staff’ or some such. This needs to change and their
role as educators and digital information curators and digital information
environment designers should be recognized.’
LETR BIALL interview…](https://image.slidesharecdn.com/sls2016disintermediationpresentationv-160908221519/75/SLS-2016-Disintermediation-presentation-21-2048.jpg)
SLS 2016 Disintermediation presentation
The document discusses concepts related to mediation and disintermediation in the context of legal education. It defines key terms like intermediation, disintermediation, and reintermediation and provides examples of how they apply to different roles in legal education. Specifically, it discusses how disintermediation is currently affecting law students through more flexible learning, law faculty through changing roles, and law librarians who have been significantly impacted. It predicts that apomediation will become more significant in the future and could threaten law school economics and independence from corporate publishers. Overall, the document analyzes how information technologies are changing mediation in legal education.
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SLS 2016 Disintermediation presentation
- 1.
- 2. preview 1. Mediation /Intermediation / Disintermediation / Reintermediation / Apomediation 2. Effects on law schools now? 3. Significant future effects
- 3. 1. Mediation /Intermediation / Disintermediation / Remediation / Apomediation
- 4. intermediation • Intermediate entityacts as a middle agent between industry agents such as buyer & seller. • Eg locator, advertiser, manufacturer in a chain process
- 5. disintermediation • Established middleagent is eliminated from market position, often because role is subsumed or taken over by the operation of (digital) technologies that affect costs.
- 6. reintermediation • But e-marketshave their own emergent intermediaries – aggregation, trusted providers, authentication agents, filtering agents, value-adding agents, online shopping agents. • Dis- and re- are actually constant processes in the digital domain
- 7.
- 8. apomediation The replacement oftraditional intermediaries by apomediaries, tools and peers standing by to guide consumers to trustworthy information, or add credibility to information. Eysenbach (2008)
- 9. how should we(re-)frame it? • Mediation enables communication and representation of meaning, involving artefacts, processes and culture: The arrival of new information and communication technologies led to a belief that we witnessed a decrease of the importance of mediation and the arrival of abundance. Yet, instead of the widely predicted process of disintermediation that was supposed to accompany emerging technologies, we are currently forced to confront a process of reintermediation, marked by new actors and methods of disseminating information and framing reality. […] We are only on the verge of understanding what the social implications of the new mediating forces might be […] (Verhulst 2005) • Disintermediation is a process or symptom within much deeper cultural change.
- 10. manuscript writing: theearly context, pre- 12th century 1. Materials – Wax tablets – Tally sticks – Paper – Parchment or vellum 1. Forms of writing – Different hands, thickness of line, height of letters – Early medieval scripts included scriptio continua – theexperiencewasratherlikereadingthi snottoodifficultthougheasierifyoutryreadingun deryourbreathalsocalledsubvocalisationwhichi swhatalotofscribestendedtodowhenreadingan dwritingandofcoursenomodernpunctuation 1. Punctuation – Marks were used at different heights in lines, eg ‘diple’ or arrowhead (for quoting scripture), hedera or ivy leaf for start of quotations, and 7-shaped mark (end of section)
- 11. the 13th century scholarly text •Writers used alphabetisation, arabic numerals, chapter divisions, rubrics, capitals, paraph marks, running titles • Used compilatio – compilation of extracts of works of authority or auctoritas, chosen by hierarchies of compilators ‘The late medieval book differs more from its early medieval predecessors than it does from the printed books of our own day. The scholarly apparatus which we take for granted – analytical table of contents, text disposed into books, chapters, and paragraphs, and accompanied by footnotes and index -- originated in the applications of the notions of ordinatio and compilatio by writers, scribes, and the rubricators of the thirteenth, fourteenth, and fifteenth centuries.’ (Parkes 1976, 66)
- 12. glossators as apomediators •Help users navigate informational overload • Use collaboration to scale, collaborative filtering, recommender system, allows bookmarking and scholarly folksonomies • Sophistication of reader means that intermediaries may be preferred at first; but as expertise grows, apomediation is needed. • With pre-print publication, journals themselves could be disintermediated, though publishers contest this strongly.
- 13. 2. What effectis disintermediation having on law school activity now?
- 14. for students For students •Flexibility,collaboration more possible •Campus less a focus as a learning platform •Distance learning > intimate learning •Change to the nature of data access and collaboration
- 15. for staff • Academicsas teachers - central role explaining law is altering to designers of learning – but this is still problematic because of uncertainty about role and tasks • Intermediaries themselves are diversifying, eg IT staff, course assistants, adjunct tutors, educational developers, SCs • Digital role playing encourages the reintermediation of online coaches, practice managers, supervisors
- 16. for staff • LawLibrarians – wholly dis- and re-intermediated by the Google & wider digital revolution. • Part of a larger pattern of disintermediation across the profession (Brabazon 2014), and indeed libraries themselves (cf Academic Commons model of scholarly access)
- 17. Cf professional positionof journalists? The journalist of tomorrow is a professional who serves as a node in a complex environment between technology and society, between news and analysis, between annotation and selection, between orientation and investigation. This complex, changing environment cannot be kept outside of journalism anymore -the journalist does not work in ‘splendid isolation’ anymore –particularly because of the sheer abundance of information and the fact that the publics are perfectly capable to access news and information for themselves, as well as the fact that institutional players (profit, governmental, non-profit, activist) are increasingly geared towards addressing their constituencies directly instead of using the newsmedia as a go-between. (Bardoel & Deuze 2001)
- 18.
- 19. Evidence? See LETRBIALL interview… ‘[Trainees] appeared to be generally unfamiliar with paper-based resources by comparison with digital resources. In addition they noted that trainees seemed to depend on one-hit-only searching: in other words they did not check thoroughly and contextually around their findings. They used Google extensively and their searches tended to be shallow and brief. Trainees were also increasingly unable to distinguish between the genres of legal research tools – the difference between an encyclopaedia and a digest, for example. They seemed to lack persistence and diligence in searching, as well as organization. These values, that underlay the learning outcomes of the LILT document, needed to be worked on by students. The group were unanimous in their opinion that many academics shared the weaknesses of students and trainees in this regard.’
- 20. ‘Students needed tobe assessed on skills as well as content: process needed to be audited both in practice-based situations and in formal academic learning, and indeed if good habits were established early on in academic learning, supported by staff and driven in part by assessment, then it would make the job of practice-based librarians a lot easier.’ LETR BIALL interview…
- 21. • ‘The lawdegree was an apprenticeship of content, not of process. • Over the last few decades the law curriculum had become ever more crowded with more core content and extra options. • Part of the solution to crowded curricula was better design. In particular, academic staff needed to design with library staff in joint activities. Library staff, in other words, needed to be more at the heart of the educational design process with academic staff, and involved in teaching, learning and assessment. […] • Following on from this, regulators needed to recognize the changing role of law librarians as legal educators. Currently librarians are classified occupationally in many institutions as ‘Clerical Staff’ or some such. This needs to change and their role as educators and digital information curators and digital information environment designers should be recognized.’ LETR BIALL interview…
- 22. 3. Significant futureeffects?
- 23. apomediation • Significant shifttowards apomediation in staff, curriculum, student learning • Threat to law school economics from competition among law schools • Major threat to independence from corporate publishers: – Cost of journal subscriptions – Corporate capture of our learning / teaching systems – Corporate capture of digital learning content
- 24. in the curriculum •Diversified, customised, student-negotiated, re- designed around policy, transaction, historical development, ie disintermediation of the Priestley 11 canon in Australia. • LMSs converge data but also fragment experience, and above all cut continuity between learning experiences in-school and beyond-school.
- 25. in curriculum design •Education for whom, by whom, when (Harry Arthurs…)? • Eg JD + online + PBL…? – We have a very sparse literature on f2f PBL in Law (eg major studies on Maastricht, none on York, none on online) – Curriculum needs re-designed – Library curricular integration needs radical re-design – see the excellent work of Emily Allbon: http://lawbore.net – Digital technologies need re-designed to facilitate PBL collaborative learning online
- 26. Anderson, C.W., Makhija,A.K. (1999). Deregulation, disintermediation, and agency costs of debt: evidence from Japan. Journal of Financial Economics, 51, 309-339. Bardoel, J., Deuze, M. (2001). Network journalism: Converging competences of media professionals and professionalism. Australian Journalism Review, 23, 2, 91-103. Available at: http://bit.ly/1O9g5vk Bakk-Simon, K. (2012). Shadow Banking in the Euro Area. European Central Bank Occasional Paper, No 133. Brabazon, T. (2014). The disintermediated librarian and a reintermediated future, The Australian Library Journal, 63, 3, 195-205. Eysenbach G. (2008). Medicine 2.0: Social Networking, Collaboration, Participation, Apomediation, and Openness. Journal of Medical Internet Research, 10, 3, e22 URL: http://www.jmir.org/2008/3/e22/ doi:10.2196/jmir.1030 Hester, D.D. (1969). Financial disintermediation and policy. Journal of Money, Credit and Banking, 1, 3, 600-17. Parkes, M.B. (1976), The Influence of the Concepts of Ordinatio and Compilatio on the Development of the Book, in Medieval Learning and Literature: Essays Presented to R.W. Hunt, edited by J.J.G. Alexander and M.T. Gibson, Oxford University Press Schwarcz, S.L. (2012). Shadow banking, financial markets, and the real estate sctor. World Economic Forum’s Industry Partnership Strategists Meeting 2012. Available at: http://bit.ly/1Cwrrkn . Zilgalvis, P. (2014). The need for an innovation principle in regulatory impact assessment: The case of finance references
- 27.
Editor's Notes
- #8 systematic review of disintermediation in finance industry