Scientific Methods in Educational Management: The Metasystems Perspective

Although scientific methods have been the subject of a large number of papers, the term ‘scientific methods in educational management’ is still not well defined. In this paper, it is adopted the metasystems perspective to define the mentioned term and distinguish them from methods used in time of the scientific management and knowledge management paradigms. In our opinion, scientific methods in educational management rely on global phenomena, events, and processes and their influence on the educational organization. Currently, scientific methods in educational management are integrated with the phenomenon of globalization, cognitivisation, and openness, etc. of educational systems and with global events like the COVID-19 pandemic. Concrete scientific methods are nested in a hierarchy of more and more abstract models of educational management, which form the context of the global impact on education, in general, and learning outcomes, in particular. However, scientific methods can be assigned to a specific mission, strategy, or tactics of educational management of the concrete organization, either by the global management, local development of school organization, or/and development of the life-long successful learner. By accepting this assignment, the scientific method becomes a personal goal of each individual with the educational organization or the option to develop the educational organization at the global standards. In our opinion, in educational management, the scientific methods need to confine the scope to the deep analysis of concrete tasks of the educational system (i.e., teaching, learning, assessment, development), which result in concrete strategies of organizational development. More important are seeking the ways for dynamic equilibrium between the strategy and tactic of the planetary tasks in the field of global education, which result in a need for ecological methods of learning and communication. In sum, distinction between local and global scientific methods is dependent on the subjective conception of the task assignment, measurement, and appraisal. Finally, we conclude that scientific methods are not holistic scientific methods, but the strategy and tactics implemented in the global context by an effective educational/academic manager.

The Role of the Injured Party's Fault in the Apportionment of Damages in Tort Law: A Comparative-Historical Study between Common Law and Islamic Law

In order to understand the role of the injured party's fault in dividing liability, we studied its historical background. In common law, the traditional contributory negligence rule was a complete defense. Then the legislature and judicial procedure modified that rule to one of apportionment. In Islamic law, too, the Action rule was at first used when the injured party was the sole cause, but jurists expanded the scope of this rule, so this rule was used in cases where both the injured party's fault and that of the other party are involved. There are some popular approaches for apportionment of damages. Some common law countries like Britain had chosen ‘the causal potency approach’ and ‘fixed apportionment’. Islamic countries like Iran have chosen both ‘the relative blameworthiness’ and ‘equal apportionment’ approaches. The article concludes that both common law and Islamic law believe in the division of responsibility between a wrongdoer claimant and the defendant. In contrast, in the apportionment of responsibility, Islamic law mostly believes in equal apportionment that is way easier and saves time and money, but common law legal systems have chosen the causal potency approach which is more complicated than the rival approach but is fairer.