Professor David Shaffer of the University of Wisconsin is a pioneer in what he terms “epistemic games” — experiences that teach learners how to “think like professionals” by playing the role of professionals. (See generally his website as well as his forthcoming book for more on this topic).
Having now constructed epistemic games for K-12 students that focus on journalism and science, David has started thinking about law as a potential focus. I first met David at the 2006 Games for Change conference and have subsequently been in have been in touch with him about how legal educators might make use of a virtual environment. I summarize some of his ideas below.
First I should note that most law schools and law professors espouse the idea that legal education should teach students to “think like lawyers.” So the frame of epistemic games fits well with the pedagogical ethos of law. David suggests that promising avenues to explore for potential epistemic-educational efforts is anywhere where lawyers-in-training are already involved in pieces of real work or simulated work, for example…
- internships
- clerkships
- moot court
- clinical practice
… to name a few possibilities. Well, if all of these things are already happening, what is the value of re-creating them in an artificial educational setting?
Well, David suggests, one basic reason might be that not everyone has access to first-rate experiences in each of these categories. Few law students actually go on to judicial clerkships; even fewer do so while still in school. In some schools, clinical practice slots are limited and available by competition only.
Another reason to create such experiences in a virtual setting might be that a good simulation can be more controlled, focused, and predictable than a real-world experience. An eventual goal of an epistemic project might be to produce a series of experiences that all law students should engage before graduation, just as many medical schools are working on libraries of standardized cases on the belief that students should see a little of everything that they can expect in the real world.
Another reason could be that real-world experiences may be overwhelming to newer students. A client in a clinical program rarely comes with a simple, cut-and-dry problem. A simulation can help step the student up to reality with a few intermediate steps.
Finally, creating a virtual simulation may be the best or only way for students to experience the rulemaking or systemic aspect of some law practice. In virtual worlds, Code really is Law (to riff on Lessig). Giving students the ability to change law and see its impact on a virtual world also gives them the experience of wielding that power, which they are unlikely to have until far along in their careers.
Creating an epistemic game/experience requires as prerequisite an adequate understanding of what it means to “think like a lawyer” and what it means to “be” a lawyer, including the profession’s values and ethics. Once these are identified, the next set of questions pertain to identifying the best ways for students to cultivate these understandings through actual or simulated practice.
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