CREATING A POSITIVE CREATING A POSITIVE LEARNING ENVIRONMENTLEARNING ENVIRONMENT

An Empirically-Validated An Empirically-Validated Approach to Learning and Approach to Learning and

ThrivingThriving

THRIVING: NATURAL EXPERIENCE THRIVING: NATURAL EXPERIENCE OF GENERALLY POSITIVE MOOD, OF GENERALLY POSITIVE MOOD,

MEANING, AND OPTIMAL MEANING, AND OPTIMAL PERFORMANCEPERFORMANCE

OVERVIEWOVERVIEW

Law students and lawyers do not Law students and lawyers do not thrive as expected thrive as expected

Sources of thriving well Sources of thriving well understood understood

Loss of thriving in Law SchoolLoss of thriving in Law School The thriving classroom and The thriving classroom and

schoolschool Impact of one teacher, and a few Impact of one teacher, and a few

.. ..

Depression Among Law Depression Among Law StudentsStudents

(Benjamin (Benjamin et.et. alal., 1986 Am. Bar Found. Research, 225)., 1986 Am. Bar Found. Research, 225)

Lawyer DistressLawyer Distress

SubscaleSubscale (norm = (norm = 2.3%)2.3%)

● Obsessive-CompulsiveObsessive-Compulsive 19.0%19.0%● Interpersonal SensitivityInterpersonal Sensitivity 35.3%35.3%● DepressionDepression 23.4%23.4%● AnxietyAnxiety 30.4%30.4%● Phobic AnxietyPhobic Anxiety 10.3%10.3%● Paranoid IdeationParanoid Ideation 12.5%12.5%● Social Alienation and Isolation 26.6%Social Alienation and Isolation 26.6%

Source: Beck, Sales, and Benjamin, Journal of Law and Health, Volume 10:1 (1996)

SOURCES OF THRIVINGSOURCES OF THRIVING

UNIVERSAL NEEDSUNIVERSAL NEEDS

● Autonomy /AuthenticityAutonomy /Authenticity (can make (can make preferredpreferred choices, choices, choices based on true values/interests, choices based on true values/interests, express true express true self; . . . Integrity!) self; . . . Integrity!)

● RelatednessRelatedness (feel well-connected to others (feel well-connected to others generally, generally, closeness, intimacy with important closeness, intimacy with important othersothers

● CompetenceCompetence (feel very capable, mastering hard (feel very capable, mastering hard challenges, successful at difficult tasks)challenges, successful at difficult tasks)

● Self-EsteemSelf-Esteem (sense of self-respect, have positive (sense of self-respect, have positive qualities, satisfied with one's self) qualities, satisfied with one's self)

((DEFINITION: DEFINITION: Produce sense of well-being, Produce sense of well-being, thriving)thriving)

ADAPTIVE MOTIVATION AND VALUESADAPTIVE MOTIVATION AND VALUES

● Internal MotivationInternal Motivation ● Action itself is satisfying or Action itself is satisfying or

enjoyableenjoyable● Action supports personal value/goalAction supports personal value/goal

● Intrinsic Values/GoalsIntrinsic Values/Goals

● Self-Understanding & GrowthSelf-Understanding & Growth● IntimacyIntimacy● Helping othersHelping others● CommunityCommunity

Well-Being, Integrity, High Performance

Distress, Addictions, Low Performance/Ethics

Needs SatisfiedAutonomy, Relatedness,Compet’ce, Self-Esteem

Needs Not Satisfied

Adaptive Behaviors

Intr. Values/Mot.Growth, Intimacy, Helping, Community

Extr. Values/Mot.Money, Power, Status, Competitive Advantage

Distracting Behaviors

DISTRACTIONSDISTRACTIONS

Extrinsic Motivation, Values, GoalsExtrinsic Motivation, Values, Goals(produce frustration, irritation, stress)(produce frustration, irritation, stress)

Money/luxuriesMoney/luxuries Popularity/influencePopularity/influence Competitive/external outcomes Competitive/external outcomes

(Grades, Ranking, Rewards . . .)(Grades, Ranking, Rewards . . .) Pleasing or impressing othersPleasing or impressing others Relieving anxiety or guilt Relieving anxiety or guilt

: Displace Critical Need Satisfaction: Displace Critical Need Satisfaction

Well-Being, Integrity, High Performance

Distress, Addictions, Low Performance/Ethics

Needs SatisfiedAutonomy, Self Esteem,Competence, Relations

Needs Not Satisfied

Adaptive Behaviors

Intr. Values/Mot.Growth, Intimacy, Helping, Community

Extr. Values/Mot.Money, Power, Status, Competitive Advantage

Distracting Behaviors

KEEP THEIR EYE ON THE BALLKEEP THEIR EYE ON THE BALL

FACULTY INPUT

INFORMATION

MENTORING

MODELING

AUTONOMY SUPPORTSch

ool D

ebt R

elief

Law Review

Competition

Prestigious Job

Outcomes

Ranking

Moot Court

GPA

High Salary

ENJOYMENT

RELATIONSHIPS

COMPETENCE

LEARN/IMPROVE

EXPRESS FULLY

MEANING

COMMUNITY

HELPING

JUSTICE

RESPECT

SELF/INTEGRITY

KINDNESS

Appearances

1. Do sources of thriving apply to 1. Do sources of thriving apply to your own life and work, or your own life and work, or people you know? people you know? (Consider list of (Consider list of needs, values, motivations)needs, values, motivations)

2. Write two ways you can 2. Write two ways you can promote sources of thriving in promote sources of thriving in your students? (your students? (review list of review list of needs, values, motivations)needs, values, motivations)

Autonomy SupportAutonomy Support

Authority Provides Respect Authority Provides Respect

(rather than Control)(rather than Control)

AUTONOMY SUPPORT AND THRIVINGAUTONOMY SUPPORT AND THRIVING

Well-BeingWell-Being PerformancePerformance Intr. Career Intr. Career ( (GPA & GPA &

BarBar) ) Motivation Motivation

* * Self EsteemSelf Esteem * * RelatednessRelatedness

* * AutonomyAutonomy * * CompetenceCompetence(Student Thriving Factors)(Student Thriving Factors)

Autonomy SupportAutonomy Support(Faculty/Administration)(Faculty/Administration)

AUTONOMY SUPPORTAUTONOMY SUPPORT

Authority Authority (teacher, parent . .): (teacher, parent . .):

Helpful information Helpful information ((Other’sOther’s perception) perception) Appreciates other’s preferences, Appreciates other’s preferences,

perspectives perspectives (Listen with interest . . )(Listen with interest . . ) Provides meaningful choices Provides meaningful choices (when (when

possible)possible) Explains if control requiredExplains if control required

AUTONOMY SUPPORT, LEARNING AND AUTONOMY SUPPORT, LEARNING AND TESTINGTESTING

Aut. Support predicted better gradesAut. Support predicted better grades

Strongly predicted passage of bar Strongly predicted passage of bar exam exam

Bar exam: 4th tier outperformed 2d Bar exam: 4th tier outperformed 2d tier tier school school

Aut. Supportive school:Aut. Supportive school: MBE Low range, 22% . . . vs 47%, MBE Low range, 22% . . . vs 47%,

High range 24% . . . vs 14%High range 24% . . . vs 14%

3. Write 1-2 ways you can provide 3. Write 1-2 ways you can provide autonomy support to your autonomy support to your students. students. (convey respect, (convey respect, understanding, choices . .)understanding, choices . .)

LOSS OF THRIVING LOSS OF THRIVING

IN LAW SCHOOLIN LAW SCHOOL

(and How to Fix It)(and How to Fix It)

LAW SCHOOL UNDERMINES THRIVINGLAW SCHOOL UNDERMINES THRIVING(Behav. Sciences & Law, 2004; (Behav. Sciences & Law, 2004; Pers. Soc. Psy. Bull., Pers. Soc. Psy. Bull.,

’07’07))

Aggregate Well-being (Aggregate Well-being () (p<.001)) (p<.001)

Positive Affect (Positive Affect () (p<.001)) (p<.001)

Beck Depression (Beck Depression () (p<.001)) (p<.001) 1L Intrinsic Valuing (1L Intrinsic Valuing () (p<.001)) (p<.001) 2L/3L All Valuing (2L/3L All Valuing () (p<.001)) (p<.001) Internal Motivations (Internal Motivations () (p<.001)) (p<.001) Need Satisfactions (Aut./Relat.) (Need Satisfactions (Aut./Relat.) ())

WHY DOES LAW SCHOOL WHY DOES LAW SCHOOL

UNDERMINE THRIVING?UNDERMINE THRIVING?

UNDERMINING FACTORSUNDERMINING FACTORS

Pervasive Extrinsic ValuesPervasive Extrinsic Values Competition over Competition over

CooperationCooperation Basic training reduces Basic training reduces

Autonomy/AuthenticityAutonomy/Authenticity Marginalizes Morality and Marginalizes Morality and

CaringCaring

Results of 1L Analytical TrainingResults of 1L Analytical Training (MERTZ-ABA STUDY)(MERTZ-ABA STUDY)

““Unmoors the self”Unmoors the self” Changes valuesChanges values Sets aside morality, conscience, Sets aside morality, conscience,

caringcaring ““Combat dialogue” replaces Combat dialogue” replaces

moral moral reasoningreasoning Winning argument as only goalWinning argument as only goal ““Erases bases for ethical Erases bases for ethical

judgment”judgment”

THE POSITIVE LEARNING THE POSITIVE LEARNING ENVIRONMENTENVIRONMENT

THE EFFECTIVE TEACHERTHE EFFECTIVE TEACHER Provides informationProvides information Generates Generates awarenessawareness Encourages self-monitoringEncourages self-monitoring Encourages intrinsic motivationEncourages intrinsic motivation Encourages constructive social supportEncourages constructive social support Encourages proactive learningEncourages proactive learning Students will generalize benefits.Students will generalize benefits.

ongoing need sat.+ autonomy ongoing need sat.+ autonomy supportsupport

THE EFFECTIVE CLASSROOMTHE EFFECTIVE CLASSROOM

Everyone feels respect/supportEveryone feels respect/support Everyone can succeedEveryone can succeed Everyone is expected to succeedEveryone is expected to succeed Competition moderated Competition moderated

(focus,enjoyment)(focus,enjoyment) Zero-sum factors minimizedZero-sum factors minimized Regular connections to self and Regular connections to self and

reality reality

4. Write 2-3 things you can do for positive 4. Write 2-3 things you can do for positive learning environment:learning environment:

Provides informationProvides information Generates awarenessGenerates awareness Encourages regular self-monitoringEncourages regular self-monitoring Encourages regular internal referencingEncourages regular internal referencing Encourages constructive social supportEncourages constructive social support Encourages proactive learningEncourages proactive learning

5. Write 2-3 things you can do to create an 5. Write 2-3 things you can do to create an effective classroom. effective classroom.

Everyone feels respect/supportEveryone feels respect/support Everyone can succeedEveryone can succeed Everyone is expected to succeedEveryone is expected to succeed Competition moderated (focus,enjoyment)Competition moderated (focus,enjoyment) Zero-sum factors minimizedZero-sum factors minimized Regular connections to self and realityRegular connections to self and reality

EXAM PREPARATIONEXAM PREPARATIONHIERARCHY OF MOTIVATIONHIERARCHY OF MOTIVATION

Negative Well-BeingNegative Well-Being Positive Well-Positive Well-BeingBeing

& Performance & Performance & Performance& Performance

External External IntrojectedIntrojected IdentifiedIdentified IntrinsicIntrinsic force/fear, guilt, obligation meaning/purpose force/fear, guilt, obligation meaning/purpose

enjoyment,enjoyment,reward expectationreward expectation (values) interest (values) interest (external)(external) PERCEIVED LOCUS OF CONTROL PERCEIVED LOCUS OF CONTROL

(internal)(internal)

EXTEND BENEFITS: FACULTY TRAININGEXTEND BENEFITS: FACULTY TRAINING

Decrease emphasis on competitionDecrease emphasis on competition 1L courses: support student self-1L courses: support student self-

reference, conscience . . reference, conscience . . Model and promote intrinsic Model and promote intrinsic

values values and basic need and basic need satisfactionsatisfaction

Pervasive autonomy supportPervasive autonomy support

small % of faculty transform small % of faculty transform effectseffects

LAW SCHOOL ORIENTATIONLAW SCHOOL ORIENTATION::

PROVIDE OVERVIEW, PROVIDE OVERVIEW,

PROMOTE THRIVINGPROMOTE THRIVING

lkrieger@law.fsu.edulkrieger@law.fsu.edu

BEST WISHES,BEST WISHES,

and THANK YOU!and THANK YOU!

lkrieger@law.fsu.edulkrieger@law.fsu.edu

SUPPLEMENTARY SLIDESSUPPLEMENTARY SLIDES

SUGGESTED OVERVIEWSUGGESTED OVERVIEW(ORIENTATION and/or CLASS)(ORIENTATION and/or CLASS)

1. 1. MANY PROF. SKILLS TO ACQUIREMANY PROF. SKILLS TO ACQUIRE

Legal Analysis and Argument Legal Analysis and Argument Practice SkillsPractice Skills Professional JudgmentProfessional Judgment Professional IdentityProfessional Identity

2. 2. NATURAL GROWTH INCREASES NATURAL GROWTH INCREASES THRIVING (includes progressive law school)THRIVING (includes progressive law school)

Increase with growth/progressive Increase with growth/progressive training:training:

Self-awarenessSelf-awareness Autonomy/Internal reference Autonomy/Internal reference

(conscience, morality)(conscience, morality) Relatedness to othersRelatedness to others Socialization/Caring/HelpingSocialization/Caring/Helping

Complexity, personal integrationComplexity, personal integration

3. 3. TRADITIONAL CLASSESTRADITIONAL CLASSES

Legal Analysis/Argument only Legal Analysis/Argument only

(facts and law)(facts and law)

Irrelevant/marginalizedIrrelevant/marginalized:: Autonomy -- conscience, fairness, moralsAutonomy -- conscience, fairness, morals Caring/empathyCaring/empathy Relatedness to othersRelatedness to others

simplicity, personal deconstructionsimplicity, personal deconstruction

INPUT POINTSINPUT POINTS

Before Orientation, mailingBefore Orientation, mailing Orientation (reservations . . .)Orientation (reservations . . .) Early Class(es)Early Class(es) Extracurricular meeting, if necessaryExtracurricular meeting, if necessary

IMPLICATIONS OF INTRINSIC VALUES IMPLICATIONS OF INTRINSIC VALUES (Self knowledge/growth; Intimacy; Helping; Community)(Self knowledge/growth; Intimacy; Helping; Community)

Activity (and Competition) Activity (and Competition)

enjoyableenjoyable::

To express abilities and values; To express abilities and values; Improve self/help othersImprove self/help others

Low stressLow stress: goals attainable, not : goals attainable, not dependent on limited rewardsdependent on limited rewards

CARNEGIE and BEST PRACTICES CARNEGIE and BEST PRACTICES Balance Programs and Balance Programs and

Methods Methods Produce Thriving via needs Produce Thriving via needs

satisfaction and values satisfaction and values clarificationclarification

THRIVING = “SUCCESS”THRIVING = “SUCCESS”

High performance and positive moodHigh performance and positive mood

Not zero-sum/competitive Not zero-sum/competitive

EveryoneEveryone can thrive in “Top can thrive in “Top 10%.” 10%.”

FacultyAutonomy Support (end of Y1)

Greater Autonomy NeedSat (Y1->Y3)

Greater RelatednessNeedSat (Y1->Y3)

Greater Competence NeedSat (Y1->Y3)

Social Context(i.e. Law School 1 vs. Law School )

AUTONOMY SUPPORT, NEEDS,AUTONOMY SUPPORT, NEEDS, AND OUTCOMES AND OUTCOMES

Higher Performance

(LS Gpa & Bar)

Greater Well-Being

More Auton. Career Motiv’n (Y3)

.20

.39

.20

.32

.33

.41

.13

.23

.40

AUTONOMY SUPPORT OPTIMIZES AUTONOMY SUPPORT OPTIMIZES OUTCOMES OUTCOMES

(Sheldon/Krieger, 2007)(Sheldon/Krieger, 2007)

All sources of thriving All sources of thriving increaseincrease

All outcomes improve:All outcomes improve:

((Well-being, motivation, Well-being, motivation, grades, grades, & bar passage) & bar passage)

1L Training: Loss of Thriving1L Training: Loss of Thriving (MERTZ-ABA STUDY)(MERTZ-ABA STUDY)

Authentic Self (Autonomy),Authentic Self (Autonomy),

& Others/community& Others/community

Competition, AnxietyCompetition, Anxiety

(Interpersonal Sensitivity)(Interpersonal Sensitivity)

SOME AVAILABLE TOOLSSOME AVAILABLE TOOLS

LSSSE and DALSOLSSSE and DALSO: Inform institution: Inform institution Best Practices for Legal Ed.Best Practices for Legal Ed. ““Hidden Sources of L.S. StressHidden Sources of L.S. Stress”: Booklet ”: Booklet

on tensions, sources of thriving, lawyer on tensions, sources of thriving, lawyer applicationsapplications

Humanizing L.Ed., Washburn L.R., Vol. 47 Humanizing L.Ed., Washburn L.R., Vol. 47 Hess, Seven Principles, 49 JLE 367 Hess, Seven Principles, 49 JLE 367 Schwartz tips and Forthcoming TextbooksSchwartz tips and Forthcoming Textbooks

GRADING SYSTEM: MANDATORY CURVEGRADING SYSTEM: MANDATORY CURVE

Major control experienceMajor control experience Limited success opportunitiesLimited success opportunities Zero-sum system creates anxietyZero-sum system creates anxiety Extrinsic focus crowds out desire to Extrinsic focus crowds out desire to

learn learn Promotes competition and Promotes competition and

comparisoncomparison Undermines peer relatednessUndermines peer relatedness

IMPACT OF PRESET GRADE RANGEIMPACT OF PRESET GRADE RANGELow (perceived) range or median:Low (perceived) range or median:

Critical Control experienceCritical Control experience Limited success opportunitiesLimited success opportunities

Anxiety, increased competitivenessAnxiety, increased competitiveness Conveys low faculty expectationsConveys low faculty expectations Low autonomy support (respect) Low autonomy support (respect) Diminished well-being and learningDiminished well-being and learning