
Working paper on multiple intelligences
Introduction
Because the range of intellectual capacities and activities generally valued
and developed in law schools is narrower than the range needed to do the
work of lawyers, students do not learn the full spectrum of intellectual
activities necessary to professional excellence. The relatively narrow range
of intellectual capacities and activities valued and developed in law schools
also does not engage students as fully as possible. We hypothesize that
if law schools are to produce graduates capable of professional excellence,
they must be systematic and self-conscious about the development of a broad
spectrum of relevant cognitive processes. Furthermore, if law schools presented
lawyering as something that implicates a variety of relevant intellectual
capacities, students would engage more fully in the development of their
capacities. In particular, students whose concerns, interests and/or practiced
ways of working have been heretofore neglected will feel less alienated,
perform better across the range of cognitive activities, and develop a more
positive sense of professional role. As we at NYU have begun to articulate,
analyze, and teach the neglected capacities, we have found it useful to
draw upon the work of psychologists whose efforts to explore a broader spectrum
of
human capacity precede and parallel our own.
Early work on intelligence
Historically, much of the work on intelligence has focused on measurement
and has relied on statistical analyses. Though psychometric work on intelligence
has had wide applicability, its theoretical bases are weak and its theoretical
implications limited. Working within a psychometric framework, researchers
could do little more than define intelligence as "what intelligence
tests test" (Boring, 1923).
In the early 20th century, the beginning of the psychometric boom, Charles
Spearman (1904, 1923, 1927) developed factor analysis, a statistical technique
used to quantify a phenomenon known as the positive manifold-- the tendency
of individuals to perform similarly across tasks. Using correlations among
outcomes, Spearman calculated a single factor responsible for intelligent
performance across tasks and called it "g," or general intelligence.
Spearman argued that "g" represents a kind of mental power which
is the basis of individual intelligence.
However, because statisticians and researchers using factor analysis make
subjective judgments about the number of factors to "count," the
same data and statistical procedures used by Spearman can be used to make
the point that intelligence is comprised of multiple factors. Shortly after
Spearman published his first interpretation of g, Thomson (1916) argued
logically that "g" might refer to the average overlap of the multiple
capacities tapped by various tasks. Working from this assumption, Thurstone
(1938, 1947) developed multiple factor analysis and used it to isolate seven
factors of intelligence: spatial visualization, perceptual speed, numerical
fluency, word fluency, verbal comprehension, associative memory, and reasoning.
The debate between those who believe that "g" represents one or
multiple factors of intelligence has continued throughout the 20th century.
Jensen (1988), for example, having found that IQ is somewhat correlated
with the time it takes an individual to press a button in front of the one
of two bulbs which lights, argues that "g" represents neural efficiency
or speed of information processing. Horn and Cattell (1966), on the other
hand, have used multiple factor analysis to develop a hierarchical model
of intelligence in which "g" represents two higher order factors:
crystallized intelligence, or school and cultural knowledge, and fluid intelligence,
or the ability to learn in novel situations.
Despite the volume of psychometric work on intelligence, such approaches
cannot resolve the debate between theories which define intelligence as
one or multiple capacities. More recently, work on intelligence has begun
to incorporate evidence from a wider range of sources and to explore the
breadth of human capacity. As we at NYU explore the range of intellectual
capacities implicated by lawyering, it is to these theories that we have
turned for guidance. In particular, we have found Gardner's theory of Multiple
Intelligences and scholarship on narrative relevant to our work.
Gardner's Theory of Multiple Intelligences
Citing a wide range of psychological research, Gardner (1983) delineates
seven human intelligences: logical-mathematical, linguistic, spatial, kinesthetic,
musical, interpersonal, and intrapersonal. Research on child development
and across cultures suggests that everyone has potential in each of these
areas. Research on brain injury and the capacities of individuals who demonstrate
extreme skill or deficiency suggests that one's potential in each is unrelated
to one's potential in the others. Thus, Gardner concludes, these seven intelligences
are innate and independent. Though independent, most tasks, including lawyering,
require the use of multiple intelligences. Gardner writes:
Even within a particular profession like the law, one finds individuals
with different blends of strength in such areas as language, logic and interpersonal
understanding. (1993, 71)
In addition, Gardner argues that there are no general capacities, such as
memory, judgment, or strategic thinking, which might explain strong performances
across intelligences. For example, according to Gardner, the ability to
remember music is unrelated to the ability to remember how to get from one
place to another. Gardner also notes that intelligence refers to potential:
without culturally and socially relevant opportunities, potential remains
undeveloped.
Accepting that individuals have potential in a variety of intelligences
has significant implications for education. To meet the needs of students
with diverse intelligence profiles, teachers must provide opportunities
for students to work in a variety of ways. Instruction in accounting, for
example, might be approached mathematically, linguistically, and kinesthetically,
by providing students with numerical examples, linguistic explanation, and
opportunities to enact solutions. Working from their strengths, students
can then make inroads in the areas in which they are weaker. Students who
are more skilled interpersonally than mathematically can learn accounting
principles through their exemplification in social contexts. In addition,
given opportunities to use their strengths and to work in a variety of areas,
students engage more fully in the educational process.
Gardner is particularly interested in the implications of his theory for
assessment. He warns that when one or two intelligences reflect the standards
of competence, "it is virtually inevitable that most students will
end up feeling incompetent," (1993, 74). Furthermore, efforts to assess
capacities in a range of areas can be derailed by tools which pose problems
in one or two. In the U.S., where linguistic and logical-mathematical intelligences
are highly valued, other intelligences are often assessed linguistically
and logically. Gardner argues that "intelligence-fair" assessment
tools do not assess through the lenses of one or two valued intelligences;
they assess learning in context, use interesting and motivating materials,
are simple, naturally occurring, and developmentally sensitive, and their
application benefits students.
Narrative intelligence
Recent work in a variety of disciplines also suggests the importance of
narrative as an innate cognitive capacity. Cognitive and developmental psychologists
argue that humans make sense of events by constructing narratives (Bruner,
1990; Miller, et al. 1990, 1992; Polkinghorne, 1988, 1991). Reinterpreting
an experiment on perception, Michotte (1946/63) notes that participants
who were shown geometric shapes moving through space constructed narratives
to explain what they had seen. Plots enabled the participants to make sense
of otherwise random events.
Similarly, many linguists argue that individuals tell narratives to make
sense of their experiences (Gee, 1985; Labov and Waletzky, 1966; Labov,
1972; Peterson and McCabe, 1983). As individuals tell stories they take
perspective on events, incorporating meaning into the structure and expression
of the narrative. Narratives tell what happened as well as what was important
and why. Studies of language development suggest that children are genetically
and socially disposed to learn the elements of narration early on, so that
they can then narrate and make sense of their daily lives (Bruner and Lucariello,
1989). Social theorists have also identified narrative modes of reasoning
and argumentation (Lyotard, 1984; Volosinov, 1973).
In addition to the theories described above which have already influenced
our work, we are intrigued by the implications of scholarship on strategic
and metacognitive intelligences, as well as practical and social intelligences.
Strategic and metacognitive intelligences
Some psychologists working in the field of education argue that strategic
and metacognitive thinking underlie proficient performance. For example,
when coached to use strategies such as reviewing and rehearsing, children
who are mentally retarded have performed nearly as well as typical children
on simple memory tasks (Baron, 1978). Additional research suggests that
students are more likely to use and transfer strategies to new contexts
when they are also coached to monitor their performance (Schoenfeld, 1979,
1980, 1982, 1985; Belmont, Butterfield, & Ferretti; 1982). For example,
Palinscar and Brown (1984, 1988) have improved children's reading performance
by teaching them the strategies of skilled readers. The authors, and teachers
trained in the method, taught sixth, seventh, and eighth grade students
to summarize, question, clarify, and predict while reading. In part, these
strategies enable readers to monitor their comprehension so that they can
slow down and backtrack as necessary. Students who participated in the program
learned to perform these processes, read with greater comprehension in all
of their classes, and were able to transfer their skills to new tasks.
Given that individuals use strategic and metacognitive skills across a variety
of tasks and domains, one could argue that "g" represents individuals'
strategic and metacognitive capacities. Perkins has even suggested that
Jensen's research on choice response time, which was designed to minimize
the effects of knowledge on the assessment of intelligence, might favor
individuals who strategically monitor their readiness and keep themselves
free of mental distractions between trials (Perkins, 1995, 52).
Practical intelligence
Research on problem-solving in everyday contexts has shown that individuals
can perform cognitive processes in some contexts but not in others. Such
findings suggest that cognition is contextualized or implicitly affected
by aspects of the context in which it occurs. Ethnographic studies of everyday
problem-solving suggest that physical objects and tools, immediate social
interactions, and the broader social and cultural context have significant
effects on cognition.
For example, in her study of a milk-processing plant, Scribner (1986) learned
that warehouse workers filled orders in different ways depending on the
units of milk immediately accessible in the warehouse. For example, in one
situation an employee might add units from one case to another, while in
another situation the same employee might subtract units from a case. Scribner
discovered that the warehouse workers she researched consistently used the
available stock to fill orders quickly and with minimal effort. Scribner
also noted that while experienced workers used different processes to fill
orders as efficiently as possible, white-collar employees at the plant and
local high school students used the same, often inefficient processes to
fill every order. Even when novices filled orders as efficiently as possible,
they did so with less efficiency than experienced employees. While novices
counted, added, and subtracted units, experienced employees used visual
information to by-pass counting and arithmetic.
Similarly, in his research on the cognitive processes of expert and novice
chess players, de Groot (1965) found that given only a few seconds to look,
expert players were far better than novices at remembering the positions
of pieces on the board. However, experts' ability to remember the board
was directly linked to their knowledge of the game. When attempting to remember
pieces that were arranged randomly, experts had no advantage. De Groot found
that knowledge of the game enabled experts to remember the arrangement of
many pieces at once. Rather than remembering the positions of many individual
pieces, the experts were remembering the arrangement of far fewer sets of
pieces. Expert players were better able to remember not because they had
better memories, but because their knowledge of the game allowed them to
use their memories more effectively.
In their research on expert and novice race-track handicappers, Ceci and
Liker (1986) also found that experts use more sophisticated cognitive processes
than novices. They also discovered that there was no correlation between
the expertise of the handicappers and their IQs. Individuals with lower
IQs were able to handicap horses with more sophistication than individuals
with higher IQs, despite the fact that the cognitive processes used by expert
handicappers were the same abstract thinking skills assessed by IQ tests.
The handicappers were able to apply these skills in the domain of their
expertise, but they were not able to apply the same skills to the academic
tasks on the IQ test.
The research on everyday cognition suggests that IQ correlates with academic
performance and not with real-world, social or professional success because
cognition is contextualized. Individuals perform similarly on academic tasks
and IQ tests because of similarities in the context of performance. In general
academic tasks and IQ tests are: formulated by other people; have little
or no intrinsic interest; provide all necessary information for their solution;
and, are decontextualized from one's ordinary experience (Neisser, 1976).
In addition, they are usually well defined, have one correct answer and
one correct mode of solution (Wagner and Sternberg,1986). By contrast, practical
or everyday tasks often require individuals to formulate their own problems,
identify relevant data, choose from among a number of problem-solving approaches,
and come up with a solution which is appropriate given their long and short-range
goals and the characteristics of the situation. Such situations are often
emotional and motivating.
Social intelligence
Some psychologists argue that measures of logical or academic intelligence
do not adequately predict professional or school success because they fail
to consider social or personal intelligence (Neisser, 1976; Wagner and Sternberg,
1985, 1986). In their studies of the differences between excellent and average
business managers and academic psychologists, Wagner and Sternberg asked
participants to respond to situations they would typically encounter in
their professional lives. They found that in both fields the expert professionals
were better able to manage themselves, others, and their careers and that
tacit knowledge in these domains was not correlated with measures of verbal
aptitude.
Given these findings, Sternberg and his colleagues developed the Practical
Intelligence for School program (Sternberg, Okagaki, and Jackson, 1990).
Middle-school students participating in the program are taught skills regarding
management of self, others, and tasks. Among the self-management skills,
students are taught to think strategically about their strengths and weaknesses
as learners and to monitor their learning. With regard to others, students
are taught to empathize, cooperate, and communicate. The section of the
program dealing the management of tasks includes instruction on following
directions, answering questions, using time effectively, asking for help,
and strategizing about problem-solving. Sternberg and his colleagues have
found that students who participate in the program outperform students who
do not on assessments of study habits, study skills, and attitudes. Anecdotal
evidence also suggests that these students enjoy school more and learn more.
Child development researchers also distinguish social from other cognitive
capacities. Though Piaget's foundational research on child development described
the development of logical-mathematical reasoning, subsequent research has
addressed the development of other capacities, including those in the social
realm. Selman's theory of social perspective-taking, for example, describes
the development of individuals' capacity to understand others. According
to Selman, children cannot initially differentiate physical and psychological
aspects of persons. They distinguish themselves from others physically and
do not realize that others may have different perspectives from themselves.
Over time children develop the capacity to differentiate the physical from
the psychological. They understand that others have their own perspectives,
but initially they believe that others' perspectives are apparent. With
a second-person perspective children understand that people have inner and
apparent selves. And with a third-person perspective individuals can view
themselves and others within the context of larger systems. Finally, individuals
develop the sense that there are aspects of themselves that even they don't
know. Selman's theory of social development has provided a foundation for
Kohlberg's theory of moral development and for pair-therapy, an intervention
for children with social problems.
Implications
Consistent with the current literature on intelligence, we believe that
our students have a broad range of capacities, only some of which are valued
and consciously developed through legal education. We hypothesize that conscious
development of a broader range of capacities would better prepare our students
for the complexities of lawyering as well as engage them more effectively
in the development of their capacities. Students who are alienated by the
narrow range of capacities currently valued and developed will be drawn
in by opportunities to learn and work in a variety of ways. Students who
are more skilled or comfortable using less valued intelligences will have
opportunities to do well and feel competent.
Furthermore, we believe that by naming the many intellectual capacities
implicated by lawyering, including those currently valued and developed,
as well as those which are not, we can support students' development of
diverse capacities. Faculty can use such names to identify and value different
ways of working. Students can use names to identify their strengths and
weaknesses and to monitor and think strategically about their use of different
ways of working. By working with their peers, students can experience the
value of diverse approaches; they can learn to integrate multiple ways of
working. Simulations provide students with opportunities to develop their
skills in contexts similar to those in which they will ultimately work.
Critiques of simulations also provide opportunities to name different ways
of working, to witness their value, and to practice metacognitive and strategic
thinking. Finally, by changing the discourse in our classrooms, making room
for a greater range of interest, concern, and approach, we expect to engage
students more fully in their development as versatile professionals.
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