The law is a conversation – but who gets the mic? Counter-factual pedagogy as reflective legal pedagogy in an elite Indian law classroom

Subramanian, Prerna ORCID: https://orcid.org/0000-0003-4922-9159 (2026) The law is a conversation – but who gets the mic? Counter-factual pedagogy as reflective legal pedagogy in an elite Indian law classroom. International Journal of Law in Context. ISSN 1744-5531 (In Press)

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Abstract

This reflective practitioner essay asks what it means to teach law ‘as a conversation’ and who is heard as speaking law within that conversation. Drawing on teaching notes from an elite Indian law school writing classroom, the article analyses a staged counter-factual dialogue among four legal thinkers (Nicholas J. McBride, Patricia J. Williams, Kiruba Munusamy and Angela D. Gilmore). ‘Counter-factual pedagogy’ names a method that stages an ‘as-if’ encounter that is structurally unlikely within conventional legal education in order to make institutional defaults newly visible, including neutrality as epistemic rigour, professionalism as merit and doctrinal learning as separable from social power. The article reads the exercise through five literature-informed lenses (voice, neutrality, performance, justice, discomfort). No student quotations, paraphrases or artefacts are reproduced.

Item Type: Article
Uncontrolled Keywords: Legal education | Education | Legal writing | Critical pedagogy | Caste | Professionalism
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
Depositing User: Mr. Syed Anas
Date Deposited: 04 Jun 2026 11:35
Last Modified: 04 Jun 2026 11:35
Official URL: https://doi.org/10.1017/S1744552326100573
URI: https://pure.jgu.edu.in/id/eprint/11526

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