128 Similarity
thereis any other viable side to the discussion), one will very likely lose to some-
one who can take either side of the argument. And arguably, the ability of the
legal system as a whole to rise above emotion and set-in-stone moral frameworks
is a cornerstone of its legitimacy in a liberal society. On the other hand, the dia-
logic self that emerges from the formative discourse in law school classrooms must
learn to take a somewhat agnostic position concerning matters about which many
people in society care passionately, must be able to let go of set moral standpoints
and deep emotions—at least while speaking and reading and writing the language
of the law. This might well differentially disadvantage students who have diffi-
culty doing so.
Legal Landscapes
We turn now to an examination of the odd geography in which these distinctively
legal personae are located. Across the different classrooms of this study, we can
discern two commonly occurring features of the legal landscapes within which stu-
dents are taught to operate. First, interestingly, the most frequent spatial referent
seems to be geographical: students are asked to remember the state or country in
which the action is located.^36 Second, and more ubiquitously, professors locate
students in a landscape composed of argumentative positions, discourse frames,
and participant roles or footing.
We’re Not in Kansas Anymore—or Are We?
A focus on particular states or locales follows from two different legally framed
dictates. First, the doctrinal focus on occupational categories brings with it an oc-
casional pedagogical attempt to invoke related geography, asking, for example, if
anyone in the class is from a farm or has worked in a certain locale that is relevant
to the occupation in question. Second, differences between states are relevant to
jurisdictional rules, which determine whether a particular court can decide the issue
and which state’s law it must apply. Finally, apart from its use inside strict legal
frames, geographical context may occasionally be invoked in much the way other
kinds of social context are: at the margins of legal discourse, as professors invite
students to imagine what kinds of “nonlegal” considerations might be affecting
decision making.
In the following excerpt, we find geography raised as part of an inquiry into
jurisdiction:
Transcript 6.26 [4/13/16]Prof.: Put it like this, is it the only mortgage on the cottage?
Student: We don’t know.
Prof.: We don’t know, it could be a second. But, where is it? Where is the
cottage?
Student: In Michigan.