Law Schools as Anti-Dialogic Spaces (forthcoming Pace Law Review) 

39 Pages Posted: 30 Oct 2023 Last revised: 5 Nov 2024

See all articles by Jennifer M. Cooper

Jennifer M. Cooper

Louisiana State University - Paul M. Hebert Law Center; Tulane University - Law School

Date Written: August 10, 2024

Abstract

Law Schools as Anti-Dialogic Spaces

Abstract

Law school classrooms are paradoxically immersed in talk yet simultaneously anti-dialogic spaces. Despite the Socratic method's reliance on dialogue, talk in law school is teacher-controlled and interrogative, muting student voices through hierarchical power dynamics. This undermines inclusive, student-centered learning environments.

Talk is a ubiquitous yet undervalued learning tool, often overlooked in pedagogy and research. Dialogic talk, a rigorous, student-centered discursive approach, extends classroom dialogue beyond information exchange to stimulate critical thinking. By fostering participation, inquiry, and elaboration, dialogic talk empowers students to observe their own thinking and actively construct knowledge.

This Article advocates for the transformative potential of dialogic talk in legal education.

Drawing on empirical research, this Article proposes that rigorous discursive pedagogy, centered on dialogic talk, is essential for supporting law students' cognitive development, reading comprehension, critical analysis, and engagement. Dialogic spaces leverage academic rigor while creating a collective, reciprocal learning community where students can express their viewpoints, critique others, and develop their legal reasoning.

This Article builds on calls for reform for more inclusive law school spaces while demonstrating how dialogic talk can enhance learning outcomes while simultaneously strengthening critical thinking, analytical skills, and academic rigor central to legal education. By reimagining law classroom dynamics, this Article advocates for dialogic pedagogy as a transformative approach to legal instruction.

Keywords: elaboration, elaborative strategies, legal education, legal discourse, elaborative interrogation, elaborative legal discourse

Suggested Citation

Cooper, Jennifer M, Law Schools as Anti-Dialogic Spaces (forthcoming Pace Law Review)  (August 10, 2024). Louisiana State University, Available at SSRN: https://ssrn.com/abstract=4616732

Jennifer M Cooper (Contact Author)

Louisiana State University - Paul M. Hebert Law Center ( email )

United States

Tulane University - Law School ( email )

6329 Freret Street
New Orleans, LA 70118
United States

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