Legal Pedagogy

16 January 2014

Thanks for pointing out this article that I’d missed:

Inniss, L. B. (2012) ‘“Other spaces” in Legal Pedagogy’, Harvard Journal on Racial and Ethnic Justice 28: 67-89



There is an increasing focus upon the material and metaphoric spatial dimensions

of various academic disciplines, including law. This essay considers the

spatial dimensions of legal pedagogy, focusing on Critical Race Theory (CRT).

The essay first explains the “critical program” in law and how CRT grows out of

it. The essay then suggests that the critical program, and especially CRT, is as

much a human geographic or spatial construct as it is a social, political or historic

one, and briefly describes the nature of human geography and legal geography.

It next considers how metaphors for understanding CRT’s position in legal

pedagogy are found in some of Foucault’s work on geography. In “Des Espaces

Autres” (“Other Spaces”), Foucault argues that there are three distinct social

spaces in society: real spaces, utopias, and heterotopias. What unites them, Foucault

suggests, is a space that includes elements of all of these spaces, a space that

he calls the mirror. Applying this frame, this essay posits that CRT, both the

explicit courses on the topic and the discipline itself, should be “re-mapped”, that

is, barriers to its inclusion in the broader legal pedagogy should be eliminated. In

this way, CRT can function as a Foucauldian mirror rather than a heterotopia in

legal pedagogy.