Law in Contemporary Society

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ElizabethSullivanFirstPaper 5 - 22 Aug 2012 - Main.EbenMoglen
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Pedagogy of the Oppressed

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 Freire identifies the "humanist revolutionary educator" as the source of the transformation. These educators, Freire argues, cannot wait for formerly passive students to challenge the system. That argument, I think, must also flow in the opposite direction - formerly passive students cannot wait for revolutionary educators. I do not know if Columbia requires professors or career counselors to read Freire's work or to engage with any theories of education reform. If such a requirement exists, the staff and faculty I have met have either ignored that requirement or resisted its lessons in shaping their courses or formulating their advice. Though I can acknowledge the necessity of teaching "law talk" in the first semester of law school, feeling now that I learned how to do very little else, I am not satisfied that the 1L curriculum provided a chance to become co-investigators with professors in the classroom and to engage with the world. I cannot profess to know how to change law school. I know only that I can change my approach to legal education now that I am aware of what, so far, seem to be its limitations. I did little this year to offset the impact of an establishment interested primarily in providing access to Big Law jobs. I did not attempt to engage with my professors in class, as I did with my philosophy professors in college, and I failed to foster relationships with them outside of the classroom. I think this is because I am slightly introverted and slightly lazy. Despite this, I am determined now to graduate from law school with the tools necessary to define myself, not as an oppressor, but as a professional capable of engaging with the world. I think I can do this by seeking out next year what I was expecting to have handed to me this year.
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(1000 words - I would like to keep editing this paper.)
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This revision attaches a rather large amount of "Freire in his context" to a good deal less of you in yours. It does not accept the invitation to get more specific about the pedagogical situation in which you find yourself, except insofar as it embodies self-criticism that I think overly harsh and unfair. No doubt there are ways in which you could have engaged the process of learning more immediately with your teachers in the course of your first year. But I doubt you were lazier, or even much more introverted, than you had been in other pedagogical relationships in the past. (You may well have been more depressed. Depressed people often blame themselves for being depressed. This is usually a category error, and is itself, of course, a symptom of the distress.)

It's even less clear than before what Paolo Freire actually has to do with the situation, however, if you are going to blame yourself for the condition in which you find yourself with respect to the learning you are doing. It's partly an implicit recognition, it seems to me, that Freire's framing takes one only so far in discussing the professional education of university-trained young adults. He becomes just a hook to hang the idea of resisting oppression on.

Perhaps in the end this is more about Gramsci than about Freire, less about the pedagogy that initially socializes us and more about the education, in Weber's sense—distinguished from mere pedagogy—that tells us what can be contested and what "just is." The concern then is less oppression (a category of social treatment that seems poorly selected to define the position of law students here) than hegemony, which affects everyone.

But my own sense is that this is less about either Gramsci or Freire than it is about you. A better revision seems to me to be the one that drops the outsiders. It would eschew both ritual self-criticism and ritual affirmation of aspirational intent, for questions more specific and insights more local. What did you learn this past year? Which learning, in your view, added to your social effectiveness and power? How and why did the learning you accomplished, or your difficulties in accomplishing learning, affect your future intentions? From the actual material of your learning process, not from someone else's theories about someone else's learning process conducted somewhere else in another time, we might learn how to help your learn better and enjoy learning more.


Revision 5r5 - 22 Aug 2012 - 13:33:58 - EbenMoglen
Revision 4r4 - 15 May 2012 - 22:20:13 - ElizabethSullivan
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